DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION GF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
Lecce
Docket No. 7366-08
8 Ful 09
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
Enel: {1) DD Form 149 w/attachments
(2) CNO memo 7220 Ser N130C3/08U0841 of 18 Dec 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 $39,227.90 for Basic Allowance
for Housing (BAH) and Family Separation Housing {FSH} received during
the period 1 May 2005 to 31 December 2007.
2. The Board, consisting of Messrs. George, Pfeiffer, and Zsalman,
reviewed Petitioner’s allegations of error and injustice on
6 July 2009 and, pursuant to its regulations, determined that the
corrective action indicated below should be taken on the available
evidence of record. Documentary materiai 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 for
entitlement to BAH has merit and warrants favorable action; however
the request for entitlement to FSH should be denied because the
Petitioner was voluntarily separated from his family.
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. 7366-08
RECOMMENDATION:
That Petitioner's naval record be corrected, where appropriate, to
show that:
a. Petitioner wags entitled to payment of the BAH at the with
dependent rate he received during the period of 1 May 2005 to
31 December 2007 because he had made support payments for his
children.
b. That part of the request received for payment of FSH for the
period 1 May 2005 to 31 December 2007 is denied.
c. A copy of this Report of Proceedings will be filed in
Petitioner’s naval record.
4, It igs 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.
[obteane L
ROBERT D, ZASALMAN WILLTAM J. HESS; If
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.
“VR SS
8 July 2009 ‘
TouW. DEAN BIFPER
Executive Director
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