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NAVY | BCNR | CY2009 | 09170-09
Original file (09170-09.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

LEC
Docket No. 9170-09
31 Aug 10

From: Chairman, Board for Correction of Naval Records

Te: Secretary of the Navy

Subj: _REV

Ref: (a) Title 10 U.S.C. 1552

Encl: (1) DD Form 149 w/attachments

(2) CNO memo 7220 Ser N130E2/09U0748 OF 20 Oct O09
(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 Petitioner was entitled to funded travel to his Home of
Selection, Seal Beach, Ca via his separation activity at Jacksonville,
FL when he retired from active duty.

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

31 August 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 Chapter 5, Paragraph
U5130-3 provides that a member may select the processing station at
which the member will be released from active duty. If authorized to
separate at the member’s choice of processing station, the member is
authorized allowances not to exceed the amount payable had the member
been ordered to, traveled to, and retired to inactive duty at the
appropriate station as determined by the service.
Docket No. 9170-09
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.

RECOMMENDATION :

That Petitioner’s naval record be corrected, where appropriate, to
show that:

a. Petitioner is authorized payment in the amount of $1,004.17
which would have been the cost to the government for shipping his
vehicle from East Coast to the West Cost. (The vehicle was in storage
in Atlanta, GA and the Government is responsible for the cost of
moving the vehicle to the West Coast.)

b. The Service's designated separation processing station would
have been the Personnel Support Detachment Supporting Naval Weapons
Station, Seal Beach, CA. Petitioner and his authorized dependents are
authorized any travel allowances due from Seal Beach, CA to his HOS.

(NOTE: Petitioner must go to the closest facility that can compute
travel claims and ask them to compute the amount of travel due from
Seal Beach, CA to his HOS. He must provide a copy of his retirement
orders and a copy of this letter. The Agency computing the travel
allowances will not make the payment but provide the computations to
the Petitioner. The Petitioner must forward the computations and a
copy of this letter to the Defense Finance and Accounting Service,
DFAS-IN,8899 East 56°" Street, Department 3300 (Attn: COR/Claims),
Indianapolis, IN 46249-3300. DFAS-IN COR/Claims will make the payment
for any travel performed from Seal Beach, CA to his HOS on receipt of
the computations.)

@. That so much of Petitioner’s request as exceeds the
foregoing be denied for the reasons stated in enclosure 2.

d. 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. ZSALMAN wml kon

Recorder Acting Recorder
Docket No. 9170-09

Bis 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.

31 August 2010 Lo Nw

W. DEAN PF
Executive D org

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