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NAVY | BCNR | CY2010 | 03525-10
Original file (03525-10.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

BAN
Docket: 03525-10
17 May 2011

From: Chairman, Board for Correction of Naval Records
Tee Secretary of the Navy

Sub}: REVIEW OF NAVAL RECORD nw ness:

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

Encl: (1) DD Form 149 w/attachments
(2) Navy Personnel Command (NPC) memo 5420 Ser
N130C1/11U0352 of 28 Apr 11

1. Pursuant to the provisions of reference (a) Petitioner,
filed enclosure (1) with this Board requesting, in effect, that
the applicable naval record be corrected to show that her
transfer orders reflect a date of 7 November 2009 vice 7 January

 

2. The Board, consisting of Messrs. Pfeiffer, Exnicios, and
George reviewed Petitioner’s allegations of error and injustice
on 17 May 2011 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 stationed aboard the USS ELSENHOWER, with

COMCARSTRIKEGRU EIGHT. On 13 October 2009, she was given via
email, a written notification that her orders were imminent to
the Naval Inspector General (NAVINSGEN) office in Washington,

D.C.
Docket: 03525-10

c. Petitioner personally transported her household goods on
7 November 2009, from Norfolk, Virginia, (her homeport) to
Washington D.C., prior to the receipt of her official transfer
orders.

d. Petitioner’s orders were not issued until 7 January
2010. Therefore, her claim for reimbursement of costs
associated with the move was denied by PERS-47.

e. In April 2010, Petitioner submitted an application with
this Board seeking a change to her record to show that her
transfer orders were issued on 7 November 2009.

f. In correspondence attached as enclosure (2), the office
having cognizance over her household goods reimbursement 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. The orders for Petitioner from the USS EISENHOWER,
COMCARSTRIKEGRU EIGHT to the NAVINSGEN in Washington D.C. were
issued on 7 November 2009 vice any other date.

 

 

b. That a copy of this Report of Proceedings be filed in
Petitioner's naval record.

Note: Petitioner should resubmit her claim with a copy of this
letter to the Business Support Detachment FISCN, HHG Audit Team
Division, Code 302, 1968 Gilbert Street STE 600, Norfolk VA
23511-3392. Upon receipt, the auditors will recalculate
Petitioner’s reimbursement.

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

2
Docket: 03525-10

foregoing is a true and complete record of the Board’s
proceedings in the above entitled matter.

[boa fg VE

 

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.

17 May 2011

ROBERT D.~ZSALMAN
Acting Executive Director

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