DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
LCcc
Docket No. 299-09
10 Mar 09
Dea T AAA.
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
N130E2/09U0125, 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 is 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.
Sincerely,
Enclosure
a
DEPARTMENT OF THE NAVY
OFFICE OF THE CHIEF OF NAVAL OPERATIONS
2000 NAVY PENTAGON
WASHINGTON, D.C, 20350-2000
7220
Ser N130E2/09U0125
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via: Assistant for BCNR Matters, (Pers-00XCB)
Subj: REQUEST FOR BCNR ADVISORY OPINION Ico si
Ref: (a) Joint Federal Travel Regulation (JFTR)
Encl: (1) BCNR Case File #299-09
1. Per your request, the following recommendation concerning
enclosure (1) is provided.
2. 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. wee asked for and was authorized use of a rental
car. However, rental cars cannot be authorized in connection with a
PCS move unless they are to be used at an intermediate temporary duty
site or when a privately owned vehicle was shipped and it did not
arrive by the required delivery date (RDD). This was not the case in
either instance.
3. SEMAN cequests that the ADT PCS order be modified to become a
an Active Duty Special Work (ADSW) temporary duty order with the
intent that such an order provide authority to reimburse the cost of a
rental car while assigned on what would become temporary vice
permanent station duty in QQ
4. NL30E2 recommends that the record not be changed as requested.
Such a change, if made would still violate the 180 day threshold
between ADSW/TDY and ADSW/PCS. His tour of duty was 183 days, the
threshold is 180 days. It must be noted that the original order very
clearly noted that the nature of the duty was a permanent change of
station. Such a change would violate a Comptroller General ruling
that PCS orders may not be converted into temporary duty to increase
entitlement. Conversion of the order to temporary duty will not only
authorize reimbursement of the rental car, but will also create
For Official Use Only (FOUO)
Privacy Sessitive any misuse or unauthorive.: Jiselosure may result in both civil auci criminal
penrillbies.
unintended authority for payment of per diem during the entire 183 day
tour of duty. Such a conversion would be directly conflict with the
CG ruling and generate collection action for all PCS entitlements,
including BAH at Che =e [pene. rate, and Dislocation Allowance.
Capen
Travel and Transportation
Allowances Section (N130E2)
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