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NAVY | BCNR | CY2007 | 09466-07
Original file (09466-07.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


 LCC
 Docket No. 9466-07
          5        Feb      08
From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
         
         Subj:    REVIEW OF NAVAL RECORD ICO
                 
         Ref:     (a) Title 10 U.S.C. 1552
         En cl :    (1)      DD Form 149 w/attachments
                  (2)      NAVSUPSYSCMD memo 4050 Ser 535/002 of 10 Jan 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 Petitioner submitted a letter requesting an extension of the 180-day period in which to ship household goods (HHG) at government expense incident to his discharge from active duty.
2.       The Board, consisting of Messrs. George, Pfeiffer, and Zsalman, reviewed Petitioner’s allegations of error and injustice on 4 February 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. 9466-07
 RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, to show that:
a.       On 6 April 2004 Petitioner submitted a letter to the appropriate naval authorities requesting an extension of the 180-day period in which to ship his HHG at government expense incident to his release from active duty. On 6 April 2004 the appropriate naval authorities approved his request for an additional period of time in which to ship HHG not to exceed 31 March 2008.
b.       Petitioner is responsible for all storage fees accruing after 31 January 2006. Storage fees must be paid directly to Ferriss M & S before shipment is allowed to be released. Also, no further storage is authorized at Government expense at the final destination and Petitioner is also responsible for all cost for shipment of HHG exceeding what the Government would have paid to move his HHG to his Home of Record or Place Last Entered Active Duty, whichever provides him with the greatest entitlement.
c.       A copy of this Report of Proceedings will be filed in Petitioner’s naval record.
4.       It is certified that quorum was present at the Board’s review and deliberations, and that the foregoing is a true complete record of the Board’s proceedings in the above entitled matter.

ROBERT D. ZSALMAN        WILLI A M 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 7 23.6(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.



5 February 2008
         

                                                                        W. DEAN PFEIFFER
                                                                        Executive Director

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