DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
LCC
Docket No. 9625-07
14 Jul 08
Dear & ee a a ¥
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
14 July 2008. 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 CMC, memorandum 4050.15
LPD-2, 28 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. Accordingly, your application has
been denied. The names and votes of the members of the panel will be
furnished upon request.
It 1s 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 Bi
Executive Dil or
Enclosure
DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
2 NAVY ANNEX IN REPLY REFER TO:
WASHINGTON, DC 20380-1775
4050.18
LPD-2
28 Apr 08
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION
OF NAVAL RECORDS
Subj: PETITION OF
Ref: Joint Federal Travel Regulations (JFTR)
1. is requesting
shipment of his vehicle to his Home of Selection (HOS) of
ene Regrettably, the JFTR does not permit
shipment of a vehicle to OCONUS locations unless the
location is the place the service member entered active
duty. Additionally, the JFTR only permits shipment of a
vehicle within CONUS under particular situations as
specified in the reference and these situations do not
apply to e@pwewemiiies case. There is no verbiage
within the JFTR that provides the Marine Corps the
authority to grant this entitlement, even under Exceptional
Family Member Program (EFMP) criterion.
2. ain we has also stated he was
incorrectly advised initially as to his entitlements.
However, as determined in Comptroller General Decision B-
193353 (9 Feb 79), “In the absence of specific authority,
the United States is not liable for the erroneous actions of
its officers, agents or employees, even though committed in
the performance of their official duties.”
3. Unfortunately, this Headquarters is unable to recommend
a favorable determination of this case.
Of hi=—
ROBERT BUTHERUS
By direction
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