DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
ECE
Docket No. 5048-10
3 Aug 10
Chairman, Board for Correction of Naval Records
Tos 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 N130C2/10U0498 of 16 Jun 10
(3) Subject’s naval record
Deve 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 was entitled to Basic Allowance for Housing (BAH)
at the with dependent rate for assigned duty station or BAH at the
with dependent rate for designated location of dependents.
2. The Board, consisting of Messrs. George, Pfeiffer, and Zsalman,
reviewed Petitioner’s allegations of error and injustice on
2 August 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 for BAH at
the with dependent rate for assigned duty station has merit and
warrants favorable action. The documentation to support BAH at the
with dependent rate for location of dependents was not submitted.
CONCLUSION
Upon review and consideration of all the evidence of record, and
especially in light of the contents of enclosure (2), the Board finds
Docket No. 5048-10
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 was authorized BAH at the with dependent rate
for assigned duty station for the period 1 May 2009 through
26 July 2009.
bi. That so much of Petitioner’s request as exceeds the
foregoing be denied for the reasons stated in enclosure 2. In
particular, the documentation provided does not support authorization
of BAH at dependent location.
ec. 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 and complete record of
the Board’s proceedings in the above entitled matter.
St tar
ROBERT D. 4ZSALMAN foo 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.
3 August 2010 ~
LoD oon
W. DEAN PFPEIF
Executive Dirdoto
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