DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
Lcc
Docket No. 6339-093
20 January 2010
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD TCO
Ref: (a) Title 10 U.S.C, 1552
Encl: (1) DD Form 149 w/attachments
(2) CNO memo N130C3 of 10 Nov 09
(3) CNO memo Ser N130D1 of 13 Nov 09
(4) 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 Petitioner is entitled to payment of Assignment Incentive
Pay (AIP) for assignment to Sigonella, Italy and Family Separation
Allowance (FSA) and continuation of station Allowances.
2. The Board, consisting of Messrs. George, Pfeiffer, and Z2salman,
reviewed Petitioner’s allegations of error and injustice on
19 January 2010 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. Enclosure (3) recommends denial for AIP.
The Permanent Change Station orders did not authorize AIP.
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. 6339-09
RECOMMENDATION:
That Petitioner's naval record be corrected, where appropriate, to
show that:
a. Petitioner was authorized FSA(FSA}) Type II - Restricted
(FSA-R) effective 30 April 2008 and continuation of station
allowances. ‘FSA-R and continuation of station allowances will be
effective until Petitioner is reassigned from Sigénella, Italy.
b. That so much of Petitioner’s request as exceeds the foregoing
be denied for the reasons stated in enclosure 3. In particular,
Petitioner’s Permanent Change of Station (PCS) orders that reassigned
him to Sigonella, Italy did net contain the authorization for AIP.
c. 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 complete record of the
Board’s proceedings in the above entitled matter.
ROBERT D. Z4SALMAN 5 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.
20 January 2010
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