DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
Lec
Docket No. 11040-08
19 Aug 09
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Ref: (a) Title 10 U.S.C. 1552
(1) DD Form 149 w/attachments
{2) TEMADD Orders to Iraq
(3) Cost for HHG
(4) NAVSUPSYSMCD ltr 4050 Ser 53F/142 of 13 Jan 09
{5) NPC ltr of 26 Jun O09
1. 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 reimbursement for storage of her
household goods (HHG) while on deployment to Iraq.
2. The Board, consisting of Messrs. George, Pfeiffer, and
Zsalman reviewed Petitioner’s allegations of error and injustice
on 27 July 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, 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. Prior to filing enclosure (1) with this Board,
Petitioner exhausted all administrative remedies afforded under
existing law and regulations within the Department of the Navy.
Docket No. 11040-08
b. Petitioner was assigned to OPNAV 40, Washington, DC and
received Temporary Additional Duty (TEMADD) orders sending her
to Iraq for Contingency Support for 228 days. She was assigned
to the Multi-National Corps Iraq Inspector General’s Office.
Enclosure (2).
c. Petitioner received the TEMADD orders 26 November 2007
and they directed her to report to the port of embarkation on
24 February 2008. The TEMADD orders further directed that she
was to e-mail IAHHG@navy.mil for instructions if she had
household goods (HHG) to move or to be placed in storage. She
alleges she did not send an email because she was unaware of her
entitlement for storage before her deployment to Iraq. Also,
she ran out of time trying to get everything completed before
her deployment, i.e., travel arrangements, courses, and work
turnover. —
a. Petitioner moved her HHG herself and placed them in
storage with the All Points Moving and Storage Company, Laurel,
MD. Petitioner’s total cost for moving and storage was
$4,483.75. If the government had moved and stored her HHG {with
a constructive weight of 10,599 pounds), the total cost to the
government would have been $20,315.59. Enclosure (3).
e. In correspondence attached as enclosures (4) and (5),
the offices having cognizance over the subject matter involved
in Petitioner’s application have commented that, in their
opinion, no relief is warranted. NAVSUPSYSCMD and PERS 4G have
recommended denial of Petitioner’s request because Petitioner
failed to send an e-mail message to IAHHG@navy.mil requesting
authority to store her HHG as instructed by her orders.
CONCLUSION :
Upon review and consideration of all the evidence of record,
notwithstanding the comments contained in enclosures (4) and
(5), the Board finds the existence of an injustice warranting
the requested relief. The Board carefully considered the
rationale provided by the advisory opinions. However, the Board
noted the following factors that militated towards relief: ‘The
period of. time between the orders and the proceed date was
fairly short, the orders were in support of a contingency
operation, making arrangements for such an assignment in so
short a time period is complex, and the cost of providing the
relief is low as compared to the government cost for moving and
Docket No. 11040-08
storage. Under these circumstances, the Board found that the
interests of justice are such that relief should be granted.
Accordingly, the Board recommends the following corrective
action,
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate,
to show that:
a. Petitioner is authorized to be reimbursed for $4,483.75
the cost of storage, packing out, and delivering her HHG to her
place of residence in connection with her TEMADD duty to Iraq.
b. A copy of this Report of Proceedings will be filed in
Petitioner’s naval record.
4. It is certified that a 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. (slice
Recorder Acting Recorder
5. The foregoing action of the Board is submitted for your
review and action.
W. DEAN Seah
Reviewed and A
Qaac.
R= 2-09
Robert T. Cali
Assistant General Counsel
Manpower and Reserve Affairs)
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