DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
LCC
Docket No. 838-09
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 ltr of 23 Feb 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 that the Petitioner submitted a request for an extension of
his entitlement to ship his household goods (HHG) at government
expense incident to his transfer to retired status effective
31 August 2007.
2. The Board, consisting of Messrs. George, Exnicios, and Pfeiffer,
reviewed Petitioner’s allegations of error and injustice on
25 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. 838-09
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, to
show that:
a. On 12 August 2008 the Petitioner submitted a letter to the
appropriate Naval authorities requesting an extension of the one- year
period in which to ship HHG at government expense incident to his
transfer to retired status. On 12 August 2008 the appropriate Naval
authorities approved his request and extended his entitlement to ship
HHG at government expense for an additional period of 7 months that
will expire 31 March 2009.
b. The Government will act as the agent for the Petitioner for
storage of the HHG for the period from 1 September 2008 to the date
HHG are removed from storage. The cost for the storage to the
Petitioner will not exceed what it would have cost the government for
the storage. (NOTE: Storage limitations for HHG are established by
the statute, policy is published in the JFTR and the Board cannot
change or increase those entitlements.)
c. A copy of this Report of Proceedings 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
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.
ee ®
25 February 2009
FA_W. DEAN PFEIFFER
Executive Director
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