DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
LCC
Docket No. 5479-09
14 Jul 09
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj :-
VIEL OF NAVAL RECORD ICO
Ref: (a} Title 10 U.S.C. 1552
Enel: (1) DD Form 149 w/attachments
(2) CMC Memo 4050.1L LPD-2 dtd 18 Jun 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 he is not indebted for shipping his household goods (HHG) from
i - NI at government expense.
2. The Board, consisting of Messrs. Exnicios, George, and Pfeiffer,
reviewed Petitioner’s allegations of error and injustice on
13 July 2009 and, pursuant to its regulations, determined that the
corrective action indicated below should be taken on the available
evidence of record. PDocumentary 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 partial favorable action.
CONCLUSION
Upon review and consideration of ail 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. 5479-09
RECOMMENDATION:
That Petitioner's naval record be corracted, where appropriate, to
show that:
a. Petitioner will be credited with 600 pounds of Professional,
Books, Equipment, and Papers (PBE&P).
b. Since the HHGs were in excess of the 11,000 pounds authorized
to be shipped at government expense the Traffic Management Office,
Camp Lejeune, ordered the shipment to be reweighed. The reweigh of
the HHGs was determined to be “14,860” pounds vice “16,080” pounds.
c. By subtracting the 600 pounds of the PBP&E plus packing and
using the reweigh of the HHG the chargeable weight of the HHG is
corrected to 12,789 pounds, an overage of 1,789 pounds above the
authorized weight .
d. That so much of Petitioner’s request for corrective action as
exceeds the foregoing be denied.
e. Petitioner is indebted for °$3,423.81" vice “$6,140.29”.
f. A copy of this Report of Proceedings will be filed in
Petitioner’s naval record.
4. 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.
[bliin
ROBERT D. ZSALMAN WILLIAM J. HESS,
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.
24 July 2009 \y
W. DEAN PRET
Executive Diredét
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