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NAVY | BCNR | CY2007 | 10135-07
Original file (10135-07.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                             2 NAVY ANNEX
                                             WASHINGTON DC 20370-5100




LCC
Docket No. 10135-07
10 Jun 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
        
        
End:     (1)      DD Form 149 w/attachments
                  (2)      NPC Memo 5420 PERS-451H dtd 6 Nay 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 was entitled to Overseas Housing Allowance (OHA)and Cost of Living Allowance (COLA) for his dependents remaining in Toronto, Ontario, Canada pending completion of his Intermediate Temporary Duty stops.

2.       The Board, consisting of Messrs. George, Pfeiffer, and Zsalman, reviewed Petitioner’s allegations of error and injustice on 9 June 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. 10135-07

RECOMMENDATION:

That Petitioner’s naval record be corrected, where appropriate, to show that:

a.       Petitioner was authorized payment of OHA and COLA for designated location of dependents for the period 19 July 007 to 9 October 2007. Dependents address was

b.       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 and complete record of the Board’s proceedings in the above entitled matter.

ROBERT D. ZSALMAN        WILLIAM J. HESS, I II
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 June 2008

         W. DEAN PFEIFFER
Executive Director


















2

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