DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
LCC
Docket No. 165-09
10 Mar 09
Dear
This is in reference to your application for correction of your naval
record pursuant to the provisions of 10 USC 1552.
A three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on
9 March 2009. Your allegations of error and injustice were reviewed
in accordance with administrative regulations and procedures
applicable to the proceedings of this Board. Documentary material
considered by the Board consisted of your application, together with
all material submitted in support thereof, your naval record and
applicable statutes, regulations and policies. In addition, the Board
considered the advisory opinion furnished by CNO memorandum 7220 Ser
N130E2/09U0127 of 4 March 2009, a copy of which is attached.
After careful and conscientious consideration of the entire record,
the Board found that the evidence submitted was insufficient to
establish the existence of probable material error or injustice. In
this connection, the Board substantially concurred with the comments
contained in the advisory opinion. Accordingly, your application has
been denied. The names and votes of the members of the panel will be
furnished upon request.
It ig regretted that the circumstances of your case are such that
favorable action cannot be taken. You are entitled to have the Board
reconsider its decision upon submission of new and material evidence
or other matter not previously considered by the Board. In this
regard, it is also important to keep in mind that a presumption of
regularity attaches to all official records. Consequently, when
applying for a correction of an official naval record, the burden is
on the applicant to demonstrate the existence of probable material
error or injustice.
\ Sea
Enclosure
DEPARTMENT OF THE NAVY
OFFICE OF THE CHIEF OF NAVAL OPERATIONS
2000 NAVY PENTAGON
WASHINGTON, D.C. 20350-2000
7220
Ser N130E2/09U0127
uh 7 4 ROOF
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via: Assistant for BCNR Matters
Subj: REQUEST FOR BCNR ADVISORY OPINION ICO +
Ref: (a) Joint Federal Travel Regulation (JFTR)
Encl: (1) BCNR Case File #165-09
1. Per your request, the following recommendation concerning
enclosure (1) is provided.
2. In Enclosure (1) Rate 3°20 es that his shipment of
HHG from # 7 , upon termination of ADSW, to his HOR in the
non wiheeeiiiies was misrouted and as a result arrived
after the intended delivery date, there by forcing him to reside in a
hotel at his home of record from March 2008 to 9 August 2008. NAVY | BCNR | CY2009 | 00299-09
In addition, the Board considered the advisory opinion furnished by CNO memorandum 7220 Ser N130E2/09U0125, a copy of which is attached. Enclosure (1) indicates that the petitioner was improperly authorized a rental car while assigned to the ii a> area on an Active Duty Training (ADT) Permanent Change of Station order of over 140 days. Such a change would violate a Comptroller General ruling that PCS orders may not be converted into temporary duty to increase entitlement.
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