DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
LCC
Docket No. 12266-08
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 53F/011 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 the Active Duty Special Work (ADSW) orders directing
Petitioner to report to Port Hueneme, CA were issued prior to
19 September 2008 and authorize entitlement to an incentive payment
for moving his household goods (HHG) under the Do-It-Yourself (DITY)
Program.
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. 12266-08
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, to
show that:
a. The ADSW orders for the Petitioner were issued
“18 September 2008” vice any other date.
b. On 18 September 2008 the Petitioner executed the appropriate
documents where he voluntarily elected to participate in the DITY
Program to move his HHG. By endorsement dated 18 September 2008,
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.
c. 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 expense.
(NOTE: Petitioner will forward a copy of the original orders, a copy
of this letter, weight tickets, truck rental contract/receipts anda
completed DD1351-2. The package must be mailed to the 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, III
Recorder Acting Recorder
Docket No. 12266-08
Bs 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
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