DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

LEC
Docket No. 11082-09
25 Jan 11
From: Chairman, Board for Correction of Naval Records

Te: Secretary of the Navy

 

Subj: REVIEW OF NAVAL RECORD ICO

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

Encl: (1) DD Form 149 w/attachments
(2) NPC letter 5420 Ser PERS 41/072 of
15 March 2010
(3) CNO 7220 Ser N130C/10U0039 of 11 January 2010
(4) NAVSUPSYSCMD memorandum 4050 Ser 53E/134 of
7 December 2009
(5) Excerpts from Subject’s naval record and JTFR

 

 

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 1s entitled to
reimbursement for the cost of moving his family and household
goods (HHG) from Williamsburg, VA to Sasebo, Japan.

2. The Board, consisting of Messrs. Exnicios, George, and
Pfeiffer, reviewed Petitioner’s allegations of error and
injustice on 21 December 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.
Docket No. 11082-09

b. In June 2007, Petitioner was issued Permanent Change of
Station (PCS) orders from COMNAVPERSCOM, Millington, TN to the
USS Essex LHD 2, Homeport Sasebo, Japan for duty as Executive
Officer (XO) reporting NLT September 2007 with a Projected
Rotation Date (PRD) of March 2009. His XO tour was unique
because he was chosen to participate in a new program where,
upon successful completion of the XO tour, he would be
reassigned as the ship’s commanding officer.

 

c. While serving as XO, he was engaged to be married.
His fiancée resided in Williamsburg, VA. His wedding was
initially scheduled for May 2009.

d. The Director, Surface Officer Distribution Division,
PERS 41, gave assurances that if Petitioner married prior to
reassignment as the commanding officer position, he would be
entitled to the travel of his newly acquired dependents to
Sasebo at government expense. Enclosures (1) and (2).

 

e. When Petitioner learned that he would, in fact, be
reassigned to the commanding officer position, he moved the
date of his wedding from May 2009 to January 2009 to ensure his
newly acquired dependents would be eligible for travel to Sasebo
at government expense.

f. When COMNAVPERSCOM ultimately issued the orders to
reassign Petitioner to the commanding officer position, rather
than issuing a “new” set of PCS orders, they (COMNAVPERSCOM)
issued a modification to Petitioner’s original orders (which
were previously issued in June 2007). The modification directed
Petitioner to detach duty as Executive Officer in August 2009
and report immediately as Commanding Officer, USS Essex. His
PRD was adjusted to February 2011. No funding citation was
included in the orders modification. Without orders containing
a funding citation, travel of dependents and shipment of HHG at
government expense was not authorized.

 

g. In hindsight, Petitioner could have been issued “In
Place Consecutive Overseas Tour” (IPCOT) orders and authorized
dependent travel under JFTR, U5258G, payment of Dislocation
Allowance, JFTR, paragraph U5630G.8, and shipment of HHG, JFTR
paragraph U5370.I. However, IPCOT orders were not issued.

Enclosures (3) and (4).
Docket No. 11082-09

h. Petitioner elected to move his newly acquired
dependent’s at his own expense, even though his orders did not
authorize reimbursement. Thereafter, he petitioned this Board
seeking a change that would entitle him to reimbursement. He
cites the benefit to the Navy of having his spouse with him in
Sasebo.

i. Petitioner's application was staffed to the following
offices within the Navy for review and comment: The Navy
Personnel Command (PERS 41), the Chief of Naval Operations (CNO
Code N130), and the Navy Supply System's Command (NAVSUPSYSCMD) .
PERS 41 recommends that if possible the request should be
approved because of commitments that were made to the
Petitioner. N130 recommends that no relief be granted because
the reassignment did not require any travel by the Petitioner
and because Petitioner elected to move his dependents at his own
expense. NAVSUPSYSCMD states that shipment of the dependent’s
belongings are not authorized at Government expense unless he
has been issued PCS or In Place Consecutive Overseas Tour
(IPCOT) (JFTR U5370-I) order authorizing shipment of HHG.
Enclosures (2) (3) ' and (4).

CONCLUSION:

Upon review and consideration of all the evidence of record,
notwithstanding the comments contained in enclosure (3), the
Board concludes that Petitioner’s request warrants favorable
action. The Board carefully considered the recommendation
offered by N130 in enclosure (3). However, the Board agreed
more with the recommendation offered by PERS 41 that relief
should be granted because this was a unique reassignment,
assurances had been made to Petitioner that the dependent travel
would be reimbursed, and the request for reimbursement was “fair
and reasonable” under the circumstances.

 

RECOMMENDATION :

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

a. On 7 April 2009 COMNAVPERSCOM, Millington, TN issued to
the Petitioner an IPCOT order reassigning him to the position of
Commanding Officer of the USS Essex when directed in August 2009
vice issuing a modification to the PCS orders issued in June
Docket No. 11082-09

b. The IPCOT orders authorized travel of authorized
dependents, payment of dislocation allowance, and shipment of
HHG at government expense.

(NOTE: Petitioner should go to the closest facility which can
compute travel vouchers and request them to compute monies due
for this action. Petitioner must present to the Agency
computing the money due a copy of the receipts pertaining to the

travel from Williamsburg, VA to Sasebo, Japan. The Agency making
the computation of monies due will not make the payment but will give
the computations to the Petitioner who will in turn forward them to
DFAS-IN, 8899 East 5s6™ Street, Department 3300 (Attn: COR/CLAIMS) ,

Indianapolis, IN 46249-3300. Reimbursement amount will not exceed
the amount that would have been expended by the government 2
the move had been authorized earlier.

The Petitioner will forward a copy of this letter, a copy of all
receipts pertaining to shipment, mailing, and storage of HHG to
the Business Support Dept FISCN, HHG Audit Team Division, Code
302, 1968 Gilbert Street STE 600, Norfolk, VA 23511-3392. The
telephone number of the HHG Section, Norfolk, VA is 1-888-742-
4467.)

om 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.

[ib bene

ROBERT D. ZSALMAN WILLIAM J. HESS, III
Recorder Acting Recorder
Docket No. 11082-09

Bi. The foregoing action of the Board is submitted for your
review and action.

Executive Di

 

Reviewed and Approved

tHE Ulmt — Pt/

ROBERT L. WOODS

Assistant General Counsel
(Manpower and Reserve Affairs)
1000 Navy Pentagon, Rm 4D548
Washington, DC 20350-1000