DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON BC 20370-5100
BAN
Docket No. 09140-08
12 August 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD ICO @i@jil
Ref: (a) Title 10 U.S.C. 1552
Enel: (1) DD Form 149 w/attachments
(2) OJAG memo 5420 Ser 13/4BC13392.08 of 4 Dec 08
(3) CNO memo 7220 Ser N130C3/09U0245 of 26 Mar 09
{4} 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 that Petitioner was entitled to base pay and allowances from
30 September 2005 through 1 October 2007 when he was detained by
civilian authorities and constrained by court order from leaving the
state of Colorado. He also requests reimbursement of his plane ticket
a
2. The Board, consisting of Messrs. Pfeiffer, Zsalman, and Exnicios
reviewed Petitioner’s allegations of error and injustice on 20 July 2009,
and, pursuant to its regulations, determined that the partial 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 late September 2005, Petitioner was arrested in San Diego
based on a warrant from the Douglas County (Colorado) Sheriff's
Department on charges of sexual assault and aggravated incest of a
relative.
Docket No. 09140-08
¢. Petitioner spent approximately 20 days in custody in =i
and then was transported to ROM Once in ee, he spent “a ” f
20 days in custody before being released pending trial on the condition
that he not leave the state of 4am
d. Petitioner’s pay was Stepped on, approximately, 30 September
2005. He awaited trial i
ex
e. In August 2007, Petitioner was ultimately cleared of the
charges. On 1 October 2007, he returned to his command at his own
expense. His pay was restarted effective 14 August 2007.
£. Petitioner's commanding officer found that Petitioner had “done
nothing wrong” and that his absences were unavoidable and were not due to
his own misconduct.
g. In correspondence attached as enclosures (2) and (3), the
offices having cognizance over the subject matter addressed in
Petitioner's application have commented to the effect that Petitioner’s
request warrants partial relief as described below.
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 partial corrective
action.
-
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, as
follows:
a. Petitioner's absences between September 2005 and October 2007
were unavoidable and were not due to his own misconduct. Accordingly, he
is entitled to pay and allowances for the periods between 30 September
2005 and 14 August 2007 (less any pay and allowances already received for
that period).
b. Petitioner’ g request Or reimbursement for travel expenses
Eron © ee WEF is denied for the reasons’
stated in enclosure (3).
c. A copy of this Report of Proceedings will be filed in
Petitioner’s naval record.
Docket No. 09140-08
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, 2SALMAN web Ne
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 August 2009 en —
Crew. DEAN PF
Executive Sizeueer
NAVY | BCNR | CY2007 | 03103-07
Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed written application, enclosure (1), with this Board requesting, in effect, that the applicable naval record be corrected to show Petitioner is entitled to Family Separation Allowance (FSA) and per diem for the period 30 January 2005 through 17 January 2007. RECOMMENDATION : That Petitioner’s naval record be corrected, where appropriate, to show that: a. c. Petitioner was “authorized payment...
NAVY | BCNR | CY2008 | 09631-08
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 entitle Petitioner to reimbursement of actual expenses and reimbursement of an incentive payment for a household goods move made prior to separation. The Board, consisting of Messrs. George, Pfeiffer, and Zsalman, reviewed Petitioner's allegations of error and injustice on 23 March 2009 and,...
NAVY | BCNR | CY2009 | 10007-09
reviewed Petitioner's allegations of error and injustice on 24 September 2009 and, pursuant to its regulations, determined that the partial corrective action indicated below should be taken on the available evidence of record. He recommended that Petitioner’s request for restoration to active duty, reimbursement of expenses, and waiver of retired pay already received be granted. Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of the Board for...
NAVY | BCNR | CY2009 | 11082-09
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 LEC Docket No. i. Petitioner's application was staffed to the following offices within the Navy for review and comment: The Navy Personnel Command (PERS 41), the Chief of Naval Operations (CNO Code N130), and the Navy Supply System's Command (NAVSUPSYSCMD) . Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section...
NAVY | BCNR | CY2008 | 12354-08
They note that the Petitioner was counseled that the orders were no cost orders and he was not entitled to move at government expense. Petitioner’s incentive payment will not exceed what the cost would be to U.S. Government for moving 4,578 pounds. The HHG section MC Logistics Base, Albany, GA will compute the incentive payment due based on a constructive weight of 4,578 pounds and notify DFAS/IN of payment due to the Petitioner).
NAVY | BCNR | CY2014 | NR12262 14
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S$. 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 authorize reimbursement of travel expenses. 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...
NAVY | BCNR | CY2014 | NR5390 14
Pursuant to the provisions of reference (a) Subject, hereinafter referred to as Petitioner, filed enclosure (i) with this Board requesting, in effect, that the applicable naval record be corrected to show an approved Early Return of Dependents (ERD) order. The Board, consisting of Mr. Exnicios, Mr. Rugkin and Ms. McCain, reviewed Petitioner’s allegations of error and injustice on 12 November 2014 and, pursuant to its regulations, determined that the corrective action indicated below should...
NAVY | BCNR | CY2008 | 03173-08
Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed written application, enclosure (1), with this Board requesting, in effect, that the applicable naval record be corrected to show Petitioner is entitled to payment of Basic Allowance for Housing (BAH) at the “with dependent” rate and Family Separation Allowance (FSA) for the period between 1 September 2007 and 14 May 2008. . By enclosure (1), Petitioner seeks a change to his record to show that...
NAVY | BCNR | CY2008 | 11964-08
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 that his retirement orders were issued prior to 6 April 2007 and he was entitled to an incentive payment for a Do-It-Yourself Move (DITY) for moving his household goods (HHG). The Board, consisting of Messrs. Exnicios, Pfeiffer, and Zsalman, reviewed Petitioner’s allegations of error and...
NAVY | BCNR | CY2008 | 11672-08
Pursuant to the provisions of reference (a), Subject, hereinafter referred to ag Petitioner, filed written application, enclosure (1), with this Board requesting, in effect, that the applicable naval record be corrected to show Petitioner is’ entitled to reimbursement for storage of his household goods (HHG) while on deployment to Afghanistan in support of GWOT contingency operations. Documentary material considered by the Board consisted of the enclosures, naval records, and applicable...