DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
WJH
Docket: 2629-10
20 July 2010
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Sn Ee
REVIEW OF NAVAL RECORD
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) CNO N130 LTR 7220 Ser N130C3/10U0503 of 18 Jun 2010
(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 that he is entitled to Basic
Allowance for Housing (full rate) for the period 16 Nov 2009 to
26 Dec 2009.
2. The Board, consisting of Messrs. Pfeiffer, Zsalman, and
George reviewed Petitioner’s allegations of error and injustice
on 28 June 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. Petitioner was on active duty from 16 November 2009 to
26 December 2009. Because of continuing resolution funding
issues, he executed two consecutive sets of orders. He was on
Annual Training Orders from 16 Nov 2009 to 29 November 2009 and
on consecutive Active Duty for Training Orders from 30 November
Docket: 2629-10
2009 to 26 December 2009. Prior to reporting for duty, his
command was assured that he would be entitled to Basic Allowance
for Housing (BAH) at the full rate (vice the Reserve Component
rate) for the entire period. However, between 16 November 2009
and 26 December 2009 he was paid only BAH at the Reserve
Component rate because neither set of orders exceeded 30 days.
c. In February 2010, Petitioner submitted an application
with this Board seeking BAH (full) vice BAH (RC) for the period
16 November 2009 to 26 December 2009.
d. In correspondence attached as enclosure (2), the office
having cognizance over US Navy BAH policy 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.
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate,
to show that:
a. Petitioner is entitled to BAH( full) with dependents
based on zip code 23460 (Naval Air Station Oceana) vice BAH- (RC)
for the period 16 November 2009 to 26 December 2009.
b. That a copy of this Report of Proceedings 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.
ROBERT D. ZSALMAN WILLIAM J. HESS, III
Recorder Acting Recorder
Docket: 2629-10
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,
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.
it is hereby
20 July 2010
ase Oa
fA_ W. DEAN PFEIFFER
Executive Director
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