DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
LCC
Docket No.11964-08
25 Feb 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) NAVSUPSYSCMD memo 4050 Ser 53E/013 of 29 Jan 09
(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 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).
2. The Board, consisting of Messrs. Exnicios, Pfeiffer, and Zsalman,
reviewed Petitioner’s allegations of error and injustice on
23 February 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. 11964-08
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, to
show that:
a. BuPers issued the Petitioner’s retirement orders on
“3 April 2007".
b. On 3 April 2007 he executed the appropriate documents where
he voluntarily elected to participate in the DITY Program to move his
HHG. By endorsement dated 3 April 2007 authority to participate in
the DITY Program was granted by the appropriate naval authorities and
the documents were prepared to show government procured equipment to
move the HHG was obtained through the appropriate authorities and used
by Petitioner vice that he personally obtained and used rental
equipment. Petitioner will be reimbursed for no more than what it
would have cost the government to move a like weight of HHG not to
exceed what Petitioner was authorized to move at government.
c. The incentive payment will be based on the constructive
weight of the HHG. The constructive weight will be obtained by
completing an inventory of the HHG.
(NOTE: Petitioner will forward a copy of the original orders, a copy
of this letter, completed cubed inventory, truck rental
contract/receipts and a completed DD1351-2. The package must be
mailed to Business Support Department FISCN, HHG Audit Team Division,
Code 302, 1968 Gilbert Street STE 600, Norfolk, VA 23511-3392.)
d. 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, Ii
Recorder Acting Recorder
Docket No. 11964-08
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.
ee fo
FAW) DEAN PFEIFFER
Executive Director
25 February 2009
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