DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
LCC
Docket No. 5308-08
4 Sep 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
Encl: (1) DD Form 149 w/attachments
(2) Email from CMC LPD-2 dtd 03 Sep 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 is not indebted for moving his household goods via
the Do-It-Yourself (DITY) Program when he was released from active
duty on 2 September 2003.
2. The Board, consisting of Messrs. George, Pfeiffer, and Zsalman,
reviewed Petitioner’s allegations of error and injustice on
25 August 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. 5308-08
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, to
show that:
a. On 7 August 2003 Petitioner executed the appropriate
documents where he voluntarily elected to participate in the DITy
Program to move his HHG; by endorsement dated 7 August 2003, authority
to participate in the DITY Program was granted by the appropriate
naval authorities and the documents were prepared to show government
procured equipment to move the HHG was obtained through the
appropriate authorities and used by the Petitioner.
b. The Petitioner obtained weight tickets; however, the tickets
and receipts were lost when mailed and he did not retain a copy. He
Signed a statement during the period when he was trying to complete
his claim that the weight of the HHG was 4,200 pounds. Since the
statement was signed within the period of time that he moved the HHG
and having had the HHG weighted the Board opined that the 4,200 pounds
should be used as the weight of the HHG he moved.
c. The Petitioner will also be given credit of $2,622.64 for the
rental truck cost. A receipt for the rental truck was provided.
d. 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.
[bia fH?
ROBERT D. ZSALMAN WILL J. HESS,
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.
4 September 2008 TR BA Fad
FW. DEAN PFEIFFER
Executive Director
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