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NAVY | BCNR | CY2010 | 07993-10
Original file (07993-10.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

Lee
Docket No. 7993-10
25 Feb 11

From: Chairman, Board for Correction of Naval Records
Tas 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 NiSOCG/1100117, 9 Feb 11
(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 Petitioner is entitled to payment of Hardship Duty Pay (HDP)
and Family Separation Allowance-Remote (FSA-R).

2. The Board, consisting of Messrs. George, Pfeiffer, and Zsalman,
reviewed Petitioner's allegations of error and injustice on

22 February 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. 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 FSA-R has
merit and warrants favorable action but the request for HDP should be
denied because the Petitioner has received payment for HDP.

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 approval of the request
for FSA-R but denying the request for HDP for reasons states in
Enclosure 2.
Docket No. 7993-10
RECOMMENDATION :

That Petitioner’s naval record be corrected, where appropriate, to
show that:

a. FSA-R is approved for the period 2 January 2009 to
1 July 2009.

b. That so much of Petitioner’s request as exceeds the foregoing
be denied for the reasons states in enclosure 2.

c. 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 complete record of the
Board's proceedings in the above entitled matter.

ROBERT D. ZSALMAN WILLIAM J. HESS, I

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.

  
 

25 February 2011 \p

W. DEAN PFEI
Executive Di

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