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NAVY | BCNR | CY2007 | 09213-07
Original file (09213-07.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                             2 NAVY ANNEX
                                              WASHINGTON DC 20370-5100


BAN
 Docket No. 09213-07
10 March 2008

From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
Subj:    REVIEW OF NA VAL RECORD ICO

Ref:     (a) Title 10 U.S.C. 1552
End:     (1) DD Form 149 w/attachments
 (2)      CNO memo 7220 Ser N130E2/08U0135 of 6 Mar 08
(3)      Subject’s naval record
1.       Pursuant to the provisions of reference (a) Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show authorization of ADSW orders for a period of 167 days to Kingston, Jamaica vice ADT orders.
2.       The Board, consisting of Messrs. Pfeiffer, Zsalman, and George, reviewed Petitioner’s allegations of error and injustice on March 10, 2008 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. Documentary material considered by the Board consisted of the enclosures, naval records, and applicable statutes, regulations and policies.
3.       The Board, having reviewed all the facts of record pertaining to Petitioner’s allegations of error and injustice, finds as follows:
a.       Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.
b.       In correspondence attached as enclosure (2) , the office having cognizance over the subject matter addressed in Petitioner’s application has commented to the effect that the request has merit and warrants favorable action.
CONCLUSION
Upon review and consideration of all the evidence of record, and especially in light of the contents of enclosure (2), the Board finds the existence of an injustice warranting the following corrective action.




Docket No. 09213-07
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, as follows:
a.       The orders issued on 7 April 2006, requiring the Petitioner to report to USMLO Kingston, Jamaica for a period of 173 days and the modification to those orders issued on 12 April 2006, were issued as “Active Duty for Special Work” (ADSW), vice “Active Duty for Training” (ADT). As a result, member will be entitled to per diem allowance (both lodging and M&IE) for the duration of his assignment except as noted below.
b.       Petitioner has already received a waiver of debt in the amount of $23,232.00 from DFAS representing per diem allowances (both lodging and M&IE) for approximately the first 115 days of this travel. He has also received a grant from Navy Relief in the amount of $6923.00 representing the lodging expenses for approximately the last 52 days of his travel. Petitioner’s total entitlements should be reduced by these amounts already paid resulting in M&IE for approximately the last 52 days of his travel as the only remaining portion yet to be paid.
c.       Because there is no legal connection between BAS and the M&IE portion of per diem, no deduction from the M&IE portion of the per diem will be made for BAS.
(NOTE: Petitioner should go to the closest facility which can compute travel vouchers and ask them to compute monies due for this action. Petitioner must present to the agency computing the money due, a copy of all previous vouchers pertaining to the ADSW and a copy of this action. If previous vouchers are not available, the agency should be able to verify previous payments from the Petitioner’s pay account. The agency making the computation will not make the actual payment. Petitioner will then forward the computation of monies due, a copy of this letter and all other vouchers available and orders pertaining to the ADSW to DFAS~DE/POCC, 6700 E. Irvington Place, Denver, CO 80279- 7100.)
d.       A copy of this Report of Proceedings will be filed in Petitioner’s naval record.
4.       Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 72 3.6(c)) it is certified that quorum was present at the Board’s review and deliberations, and that the foregoing is a true and complete record of the Board’s proceedings in the above entitled matter.

ROBERT D. ZSALMAN                                   WILLIAM J. HESS, III
 Recorder                                                      Acting Recorder




5.       Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(e)) and having assured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the authority of reference (a), has been approved by the Board on behalf of the Secretary of the Navy.


10 March 2008

                                                              
W. DEAN PFEIFFER
Executive Director

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