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NAVY | BCNR | CY2007 | 09157-07
Original file (09157-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

                                                      
LCC
 Docket No. 9157-07
16 Jun 08


This is in reference to your application for correction of your naval record pursuant to the provisions of 10 USC 1552.
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 June 2007. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. In addition, the Board considered the advisory opinion furnished by CNO 130 memorandum 7220 Ser N130C3/08U0256 of 15 April 2008, a copy of which is attached.
After careful and conscientious consideration of the entire record, the Board found that the evidence submitted was insufficient to establish the existence of probable material error or injustice. In this connection, the Board substantially concurred with the comments contained in the advisory opinion. Additionally, the Board found that your commute exceeds the distance where a member can reasonably be expected to commute daily. Accordingly, your application has been denied. The names and votes of the members of the panel will be furnished upon request.
It is regretted that the circumstances of your case are such that favorable action cannot be taken. You are entitled to have the Board reconsider its decision upon submission of new and material evidence or other matter not previously considered by the Board. In this regard, it is also important to keep in mind that a presumption of regularity attaches to all official records. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.

         Sincerely

                                                                                 W. DEAN PFEIFFER
          Executive Director
                 




DEPARTMENT OF THE NAVY
OFFICE OF THE CHIEF OF NAVAL OPERATIONS
         WASHINGTO N D.C. 20350-2000      


                  IN REPLY REFER TO
          7220
         Ser N130C3/08U0256
          15 Apr 08
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION
OF’ NAVAL RECORDS

 Via:     Assistant for BCNR Matters, Pers-OOXCB
Subj:    REQUEST FOR COMMENTS AND RECOMMENDATIONS ICO
         
Ref:     (a) OPNAVINST 7220.12
End:     (1) BCNR Case File #09157-07
1.       Per your request, the following recommendation concerning enclosure (1) is provided.
2.       Enclosure (1) indicates a request to draw Basic Allowance for Housing (BAH) at the with-dependent rate for San Diego, CA (previous duty station) vice Camp Pendleton, CA (duty station)
3.       I AW reference (a) paragraph 260l07.B2, Low/No Cost moves effective July 1, 2001, the Secretary concerned may pay BAR based on the old station rate in situations involving low or no cost moves within the United States. Although the petitioner did not execute a PCS move, it has been determined that the petitioner’s previous PDS is actually Witchita Falls, TX not San Diego, CA as previously stated. Therefore, the petitioner’s BAH entitlement is based on his current PDS of Camp Pendleton, CA.
4.       N13OC recommends disapproval of the petitioner’s request to draw BAH based on his previous PDS of San Diego, CA.



Assistant, Pay and
Allowances Section (N130C3)

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