DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
WJH
Docket: 566-10
17 May 2011
i
This is in reference to your application for correction of
naval record pursuant to the provisions of 10 USC L552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 16 May 2011. Your allegations of error and
injustice were reviewed in accordance with the
administrative regulations and procedures applicable to the
proceedings of this Board. Documentary material considered
by the Board consisted of your application, together with
all material submitted in support thereof, your naval
record and applicable statutes, regulations and policies.
In addition, the Board considered the advisory opinions
furnished by the CNO letter 5400 Ser N130/11U0U0269 of 29 Mar
2011, NPC letter PERS 44 of 26 May 2010 and NAVSUP letter
4050 Ser 53F/025 of 12 Mar 2010, copies of which are
attached.
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable
material error or injustice. In this connection the Board
substantially concurred with the comments contained in the
NPC and CNO advisory opinions. After reviewing all the
evidence, the Board concluded as follows. You moved your
household goods before funded orders were issued by
competent authority. As an O05 with over two decades of
experience (including Naval Academy), you were or should
have been aware that household goods moves require funding
and without prior competent funded orders, reimbursement
for the cost of the move would not be certain. You
Docket: 566-10
nevertheless voluntarily elected to move your personal
property anyway at your own expense. You did not
coordinate your move with a transportation management
office. You have not provided a compelling reason as to
why you could not or did not wait for funded orders before
moving your property. You have not provided a compelling
reason as to why you did not coordinate your move with a
transportation management office. Under these
circumstances, in the Board’s view, your decision to move
without funded orders was voluntary and no relief is
warranted. Accordingly, your application has been denied.
The names and votes of the members of the panel will be
furnished upon request.
It is regretted that the circumstances of your case are
such that favorable action cannot be taken. You are
entitled to have the Board reconsider its decision upon
submission of new and material evidence or other matter not
previously considered by the Board. In this regard, it is
also important to keep in mind that a presumption of
regularity attaches to all official records. Consequently,
when applying for a correction of an official naval record,
the burden is on the applicant to demonstrate the existence
of probable material error or injustice.
Sincerely,
Reds SD, Packie
ROBERT D>—“ASALMAN
Acting Executive Director
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