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NAVY | BCNR | CY2008 | 12169-08
Original file (12169-08.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

LCC
Docket No. 12169-08
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 53D/009 of 26 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 the Petitioner submitted a request to extend his entitlement
to ship his household goods (HHG) at government expense incident to
his transfer to the Fleet Reserve.

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. 12169-08

RECOMMENDATION:

That Petitioner’s naval record be corrected, where appropriate, to
show that:

a. On 13 August 2005 Petitioner submitted a letter to the
appropriate Naval authorities requesting an extension in which to ship
his HHG at government expense incident to his transfer to the Fleet
Reserve. On 13 August 2005 the appropriate Naval authorities approved
his request for an extension to ship his HHG for a period of 3 years
and 7 months and approved a final extension to 31 March 2009.

b. However, this extension does not extend the entitlement to
Non-Temporary Storage (NTS) beyond 1 year from the date of retirement.

c. 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. [th lean If

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.

25 February 2009 \ Wars
W. DEAN PFE

Executive Di

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