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NAVY | BCNR | CY2007 | 10462-07
Original file (10462-07.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


 LCC
 Docket No. 10462-07
11 Mar 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)      Email from N13OE dtd 14 Feb 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 travel from Japan to Italy, his new duty station, via the Philippines to pick up his dependents.
2.       The Board, consisting of Messrs. George, Pfeiffer, and Zsalman, reviewed Petitioner’s allegations of error and injustice on 10 March 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. 10462-07

RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, to show that:
a.       On 22 Novem b er 2006 BuPers modified the orders that reassigned Petitioner from the USS Essex LHD2, homeport Japan, to the NAVHOS P , Sigonella, Italy to authorize the Petitioner to travel by way of the Philippines to pick up his family and continue his travel to Sigonella, Italy.
b.       The Consecutive Overseas Travel (COT) authorized by virtue of volunteering for a second overseas tour is reinstated for the Petitioner only. The family was not in Japan with him.
(NOTE: Petitioner will complete a travel voucher for himself and his dependents and turn the claim into the closest facility that can compute travel claims. A copy of this letter and a copy of all previous vouchers pertaining to the Petitioner’s travel from Japan to Italy via the Philippines will be turned in to the facility computing monies due. The monies already received for the travel of the Petitioner only will be taken into account when computing the monies due for the travel of Petitioner and dependents. The Agency making the computation will not make the payment to the Petitioner. Petitioner will then mail the entire package to DFAS Denver, 6760 E. Irvington Place, Denver, CO 80279-7100.)
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        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 72 3.6(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.



11 March 2008
          W. DEAN P FE IFFER
 Executive Director

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