DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
LCC
Docket No. 7442-08
12 Mar 09
From: Chairman, Board for Correction of Naval Records
Tee 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) CNO memo 7220 Ser N130C3/09U0998 of 22 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 entitled to payment of full Basic Allowance for
Housing (BAH), at the with dependent rate, Family Separation Allowance
(FSA), and Temporary Lodging Entitlements (TLE).
2. The Board, consisting of Messrs. George, Pfeiffer, and Zsalman,
reviewed Petitioner’s allegations of error and injustice on
9 March 2009 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. 7442-08
RECOMMENDATION:
That Petitioner's naval record be corrected, where appropriate, to
show that:
a. Petitioner was authorized BAH at the with dependent rate for
designated location of dependents. The address for dependents was
i nmponunnN fox the period
8 August 2004 to 9 June 2005.
b. TLE is authorized for the period 14 July 2004 to 19 July 2004
and FSA-R was authorized for the period 8 August 2004 to 22 February
2006.
c A copy of this Report of Proceedings will be filed in
Petitioner's naval record.
4. Pursuant to Section 6(c) of the revised Procedures of the Board
for Correction of Naval Records (32 Code of Federal Regulations,
Section 723.6(c)) it is certified that quorum was present at the
Board’‘s review and deliberations, and that the foregoing is a true and
complete record of the Board's proceedings in the above entitled
matter.
ROBERT D. ZSALMAN WILLIAM J. HESS, van
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.
12 March 2009
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