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NAVY | BCNR | CY2009 | 07409-09
Original file (07409-09.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

Luce

Docket No. 7409-09
3 Feb 10

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) CNO memo 7220 Ser Ni30C3/10U0073
(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 Petitioner was entitled to payment of Basic Allowance for
Housing (BAH).

2. The Board, consisting of Messrs. George, Pfeiffer, and Zsalman,
reviewed Petitioner's allegations of error and injustice on

26 October 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.
Doc No. 1192-05

RECOMMENDATION:

That Petitioner’s naval record be corrected, where appropriate, as
follows:

a. Petitioner was reassigned from Dahlgren, VA to NBHC, Indian
Head, MD 20640 reporting no later than 1 dune 2007.

b. Petitioner was authorized payment of BAH at the with
dependent rate for the period 1 June 2007 to 27 March 2009 and BAH at
the without-dependent rate effective 28 March 2009 and continuation of
station allowances for Indian Head, MD.

c. A copy of this Report of Proceedings will 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 ILLIAM J. HESS, IIT

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. —

3 February 2010 \den 2
. DEAN PFEL

Executive Dire

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