DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
LCC
Docket No. 10383-08
13 Jan 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
Encl: (1) DD Form 149 w/attachments
(2) CNO memo 7220 Ser N130E2/08U0935 of 9 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 that Petitioner was sent on Temporary Duty (TDY) vice
Permanent change of station (PCS) and entitlement to Basic Allowance
for Housing (BAH) while attending school in 2006.
2. The Board, consisting of Messrs. Exnicios, Ruskin, and Zsalman,
reviewed Petitioner’s allegations of error and injustice on
12 January 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 for BAH has
merit and warrants favorable action. However, they recommend that the
request to modify the orders from PCS to TDY be denied.
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. 10383-08
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, to
show that:
a. Petitioner was authorized BAH for designated location of
dependents for the period 22 May 2006 through 13 October 2006.
Address for dependents was 7 ee,
b. That part of the request to change the orders from PCS to TDY
is denied. The Joint Federal Travel Regulations provides that any
time during which the training is officially not in session, must be
discounted from the duration of the course. Although, several
holidays took place during this time, CNO N130E2, has confirmed that
the school was never closed, as is the practice for other holidays
such as Christmas. Although attendees were granted liberty, that does
not constitute a school closure.
c. 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.
Nphlun A Re
ROBERT D. ZSALMAN WILLIAM J. HESS, ‘III
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.
peed SD, an
Fo2_W. DEAN PFEIFFER
Executive Director
13 January 2009
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