DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
Lcc
Docket No. 12888-09
13 Apr 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 N130C1/09u0958 of 28 Dec 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 Petitioner is entitled to payment of per diem for attending a
training course when he was on Temporary Additional Duty (TEMADD) and
is requesting payment of per diem.
2. The Board, consisting of Messrs. George, Pfeiffer, and Zsalman,
reviewed Petitioner’s allegations of error and injustice on
12 April 2010 and, pursuant to its regulations, detérmined 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 ali 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.
Docket No. 12888-09
RECOMMENDATION:
That Petitioner's naval record be corrected, where appropriate, to
show that:
a. TEMADD orders issued by the USS Gridley on or prior to
13 November 2008 directing the Petitioner to proceed on TEMADD are
“null and void". ,
b. On 14 November 2008 the USS Gridley issued TEMADD travel
orders to the Petitioner to attend a training course on Corry Station,
Pensacola, FL for “139" days.
c. The Petitioner was unable to complete the course within the
139-day period and on 4 April 2009 the training course Administrators
authorized an additional 55 days of TEMADD so that the Petitioner
could complete the course.
d. Petitioner was authorized payment of $70.00 for dry cleaning
during the period of TEMADD.
e. Dining facilities were not available for the use of the
Petitioner; however, government lodging was available and used by the
Petitioner.
f. That so much of Petitioner’s request as exceeds the foregoing
is denied.
(NOTE: Petitioner should go to the closest facility which can compute
travel vouchers and ask them to compute monies due for this action.
Petitioner must present to the Agency computing the money due a copy
of all previous vouchers, pertaining to the TEMDUINST, a copy of
orders directing the TEMDUINST and a copy of this action. ‘The Agency
making the computation will not make the actual payment. Petitioner
will then forward the computation of monies due, a copy of this: letter
and all other vouchers available and orders pertaining to the
TEMDUINST to DPFAS-IN, 8899 East 56" street, Department 3300 (Attn:
COR/Claims}, Indianapolis, IN 46249-3300 will make payment of any
money that you may be entitled to.)
g. A copy of this Report of Proceedings will be filed in
Petitioner’s naval record.
Docket No. 12888-09
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.
fibloa:- 42
ROBERT D. ZSALMAN 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.
yee
13 April 2010
Fey DEAN PFEIFFER
Executive Director
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