DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
LCC
Docket No. 12187-08
23 Mar 09
From: Chairman, Board for Correction of Naval Records
Tor 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 N130E2/09U0201 of 10 Mar 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 Petitioner elected the “all others tour” when he was
reassigned to Naples, Italy in 2004 and he is entitled to Basic
Allowance for Housing (BAH) at the with dependent rate for designated
location of dependents.
2. The Board, consisting of Messrs. George, Pfeiffer, and Zsalman,
reviewed Petitioner's allegations of error and injustice on
23 March 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. 12187-08
RECOMMENDATION:
That Petitioner's naval record be corrected, where appropriate, to
show that:
a. Petitioner elected the “all others tour” when he was assigned
to Naples, Italy in 2004. Petitioner is authorized BAH at the with
dependent rate for the period 19 November 2004 to 27 October 2006 and
payment of BAH for designated oe of SePpencente Designated
location of dependents was @ygHi tlie iis
erent,
b. 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,
Recorder Acting Recorder
i. 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.
24 March 2009 \S
W. DEAN E
Executive D or
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