DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
LCC
Docket No. 5377-08
29 Sep 08
Dear iii irae,
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
29 September 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 NPC memorandums 7220
N130C3/08U0636 and7220 N130C3/08U0638 of 4 September 2008, a copy each
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 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,
Executive Dit
Enclosures
DEPARTMENT OF THE NAVY
OFFICE OF THE CHIEF OF NAVAL OPERATIONS
2000 NAVY PENTAGON
WASHINGTON, D.C. 20350-2000 7220
IN REPLY REFER TO
N130C3/08U0638
4 Sep 08
EXECUTIVE DIRECTOR, BOARD FOR CORRECTION
OF NAVAL RECORDS
i]
MEMORANDUM FOR THI
Via: Assistant for BCNR Matters, Pers-0O0OXCB
ENDATIONS ICO
Subj: REQUEST FOR COMMENTS AND RECOMMI
Ref: (a) DODFMR Volume 7A, Chapter 27
Encl: (1) BCNR Case File #05377-08
1. Per your request, the following recommendation concerning
enclosure (1) is provided.
The petitioner is requesting retroactive payment of Family
Separation Allowance (FSA) Type II - Ship (FSA-S) during the
following time periods: 6 Nov 98 to 6 May 99; 26 Jul 00 to 1 Sep
00; 28 Nov 00 to 23 May 01 and Jan 03 to Jun 03.
3. TAW reference (a) paragraph 270201; A member is not
considered “a member with dependents” for FSA-II entitlement when:
the sole dependent is a child in the legal custody of another
person. The exception occurs when the member has joint physical
and legal custody of the child. The petitioner’s circumstances do
not meet the exception to this criteria.
4, N130C recommends disapproval of the petitioner’s request IAW
reference (a) for payment of FSA Type II - Ship for the above
mentioned timeframes.
, oT
) ~
Deny SS
™ \
D. SILVA
Assistant, Pay and
Allowances Section (N130C3)
For Official Use Only - Privacy Sensitive - Any misuse or unauthorized
disclosure may result in both civil and criminal penalties.
DEPARTMENT OF THE NAVY
OFFICE OF THE CHIEF OF NAVAL OPERATIONS
2000 NAVY PENTAGON
WASHINGTON, D.C. 20350-2000
IN REPLY REFER TO
7220
Ser N130C3/08U0636
4 Sep 08
XECUTIVE DIRECTOR, BOARD FOR CORRECTION
OF NAVAL RECORDS
ty
MEMORANDUM FOR THE
Via: ee for BCNR Matters, Pers-00XCB
Subj: REQUEST FOR COMMENTS AND RECOMMENDATIONS ICO
Ref: (a) JFTR Volume I, Chapter 10
Encl: (1) BCNR Case File #05377-08
1. Per your request, the following recommendation concerning
enclosure (1) is provided.
2. Enclosure (1) is a request for Basic Allowance for Housing
(BAH) at the with-dependent rate from 1 Mar 96 through 23 Apr 02.
3. IAW reference (a), par U10118-B3 states "If the illegitimate
child is not in the custody of the member parent, the case is
treated TAW the rules for BAH-DIFF. The member did not have full
legal custody of the child and is therefore not entitled to BAH
at the with-dependent rate.
4. N130C recommends disapproval of the petitioner’s request to
draw BAH at the with-dependent rate for the time period of 1 Mar
96 to 23 Apr 02.
jrye Sud
D. Silva
Assistant, Pay and
Allowances Section (N130C3)
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