DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
Lee
Docket No. 11672-0608
19 Aug O09
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) TEMADD Orders to Afghanistan
3) Cost of Storage
4) NAVSUPSYSMCD ltr 4050 Ser 53E/014 of 29 Jan 09
5) NPC PERS 4G ltr of 26 Jun 09
1. 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.
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, 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. 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. 11672-08
b. Petitioner was assigned to MCRD, Parris Island,
Beaufort, SC when he received “short notice” Temporary
Additional Duty (TEMADD) orders sending him to Afghanistan for
Contingency Support for approximately 365 days. Enclosure (2).
c. Petitioner received the TEMADD orders 15 November 2007
with directed proceed date of 25 November 2007. The TEMADD
orders did not include authorization to store household goods at .
government expense. However, the orders directed that if
Petitioner had household goods (HHG) to move or to be placed in
storage, he was to email IAHHG@navy.mil for instructions.
Petitioner states that he did not send an email because he was
unaware of his entitlement for storage before his deployment to
Afghanistan and because he simply ran out of time trying to get
everything completed.
ds. Petitioner moved his HHG himself and placed them in
storage at his expense with the Lady’s Island Self Storage,.
Beaufort, SC at a total cost of $1,420.80. Enclosure (3). If
‘the government had moved and stored his HHG, the cost to the
United States would have been higher.
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 TAHHG@NAVY.MIL requesting
authority to store his HHG as instructed by his 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
short, the orders were to support a contingency operation,
making arrangements for such an assignment in so short a time
period is complex, and the cost of providing the requested
relief is comparatively low. Under these. circumstances, the
Board found that the interests of justice are such that relief
should be granted.
Docket No. 11672-0608
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 reimbursement for the self
storage of his HHG at a commercial facility in the amount of
$1,420.80.
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. ZASALMAN WILLIAM J. HESS EIl
Recorder Acting Recorder
5. The foregoing action of the Board is submitted for your
réview and action.
La Doors
W. DEAN PFEIFFE
Reviewed and approved:
Qageds S.Gds
Q-y. 04
Robert T. Call =a
Assistant General Counsel "y
Vanpower and Reserve Affalrs)
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