DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
Lcc
Docket No. 6353-10
19 April 2011
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 1tr4050 Ser 53F/087 of 20 July 2010
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 the Permanent Change of Station
(pcS) orders reassigning him from Corpus Christi, TX to Everett,
WA were issued prior to 7 July 2009.
2. The Board, consisting of Messrs. George, Pfeiffer, and
Zsalman, reviewed Petitioner’s allegations of error and
injustice on 21 March 2011 and, pursuant to its regulations,
determined that the corrective action indicated below should he
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. The Petitioner had been notified that he would receive
orders in November 2009 reporting to USS FORD, FFG 54, homeport,
Everett, WA.
c. Petitioner's spouse was pregnant, she was due to
deliver about 24 November 2009.
ag
Docket No. 6353-10
ad. In July 2009, prior to receiving orders, Petitioner
moved his spouse and their household goods to Everett WA.
Petitioner avers that his spouse’s physicians “recommended
travel in her second trimester versus her third unless
absolutely necessary.”
e. The Petitioner paid for the moving his HHG out of
pocket and is now requesting reimbursement for the shipment of
his HHG on 7 July 2009. He proffers notes from two physicians
prepared after the move which state, essentially, that travel in
the second trimester is more safe than travel in the third
trimester.
f. In correspondence attached as enclosure (2), the office
having cognizance over the subject matter addressed in
Petitioner’s application has recommended the request be denied.
The Naval Supply Systems Command, in reviewing the case, could
not see anything in the case file that would justify
recommending approval for payment of moving the HHG prior to the
orders being issued.
CONCLUSION:
Upon review and consideration of all the evidence of record,
notwithstanding the comments contained in enclosure (3), the
Board concludes that Petitioner’s request warrants favorable
action. In the Board’s view, the unique circumstances of
Petitioner’s spouse’s pregnancy called for the most favorable
consideration possible such that an exception to normal policy
is warranted.
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate,
to show that:
a. The PCS orders that reassigned Petitioner to USS Ford,
FFG 54, homeport, Everett, WA were issued on “1 July 2009” vice
any other date.
(NOTE: Petitioner will forward a copy of this letter, a copy of
all documents pertaining to moving the HHG, copy of weight -
tickets, and a copy of all receipts pertaining to the move to
the Business Support Department FISCN, HHG Audit Team Division,
Code 302, 1968 Gilbert Street STE 600, Norfolk, VA, 23511-3392.
The telephone number is 1-888-742-4467.)
Docket No. 6353-10
b. A copy of this Report of Proceedings will 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
preceedings in the above entitled matter.
Clb
ROBERT D. ZSALMAN WILLIAM J. HESS, III
Recorder | Acting Recorder
5. The foregoing action of the Board is submitted for your
review and action.
LW Doe®
W. DEAN PFE
Executive Dirge
Reviewed and Approved
(At 6/23 | 11
ROBERT L. WOODS
Assistant General Counsel
(Manpewer and Reserve Affairs)
1000 Navy Pentagon, Rm 40548
Washington, DC 20350-1000
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