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NAVY | BCNR | CY2007 | 10730-07
Original file (10730-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100



 LCC
 Docket No. 10730-07
19 May 08
         Dear

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 19 May 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 CNO memorandum 7220 Ser N130C3/08U0321 of 9 May 2008, a copy of which is attached.
After careful and conscientious consideration of the entire record, a majority of 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 is 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 PFEIFFER
          Executive Director

Enclosure


DEPARTMENT OF THE NAVY
OFFICE OF THE CHIEF OF NAVAL OPERATIONS
                                             2000 NAVY PENTAGON
                   WASHINGTON, D.C. 20350-2000





                                                                        Ser N130C3/08U032l
                                                                        9 May 08
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION
OF NAVAL RECORDS

 Via:     Assistant for BCNR Matters, Pers-OOXCB
Subj:    REQUEST FOR COMMENTS AND RECOMMENDATIONS ICO

Ref:     (a) JFTR Volume I, Chapter 10
                   (b)      OPNAVINST 7220.12
         End:     (1)      BCNR Case File #10730-07
1.       Per your request, the following recommendation concerning enclosure (1) is provided.
2.       Enclosure (1) indicates a request for payment of Basic
 Allowance for Housing (BAH) at the with-dependent rate for San Diego, CA (dependents’ location) vice 29 Palms, CA (duty station) effective 14 Mar 07.
3.       I AW reference (a) paragraph U100402.B, BAH is based on the member’s Permanent Duty Station (PDS), reference (b) also allows payment of BAH at dependent location under certain circumstances. Petitioner’s circumstances do not meet the criteria of reference (b) . N13OC recommends disapproval of the petitioner’s request to draw ~BAH at dependents’ location (San Diego, CA).

Assistant, Pay and
Allowances Section (N13OC3)


For Official Use Only - Privacy Sensitive - Any misuse or unauthorized disclosure may result in both civil and criminal penalties.

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