DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
Lcc
Docket No. 13270-09
16 Mar 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) NAVSUPSYSCMD ltr 4050 Ser 53C/009 of 25 Jan 10
(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 the Petitioner received an extension of the one-year period in
which he is entitled to ship household goods (HHG) at government
expense incident to his transfer to the Fleet Reserve effective
31 October 2007.
2. The Board, consisting of Messrs. Exnicios, Pfeiffer, and Zsalman,
reviewed Petitioner’s allegations of error and injustice on
8 March 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.
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. 13270-09
RECOMMENDATION :
That Petitioner's naval record be corrected, where appropriate, to
show that:
a. On 14 October 2008 Petitioner submitted a letter to the
appropriate Naval authorities requesting an extension of the one-year
entitlement in which to ship HHG at government expense when he was
transferred to the Fleet Reserve effective 31 October 2007. on
14 October 2008 the appropriate Naval authorities approved and granted
an extension to 1 December 2010 in which to ship his HHG at government
expense incident to his transfer to the Fleet Reserve,
b. The JFTR does not permit extension at government expense of
Non-Temp Storage (NTS) beyond the initial 1-year time limit under the
circumstances similar to the Petitioner’s thus the Board cannot
approve the request for Non-Temporary Storage of HHG. The HHG may
remain in storage under Government management with the understanding
the Petitioner is liable for all storage costs accrued beyond 1 year
from his retirement date.
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.
[kee cous Ae
ROBERT D. ZSALMAN WILLIAM 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.
16 March 2010 \s Nan!
W. DEAN PFEURFER'
Executive Diréckdér
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