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NAVY | BCNR | CY2010 | 11994-10
Original file (11994-10.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

BAN
Docket: 11994-10
26 April 2011

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

Subj: REVIEW mq BE CORSORMEIUERRY PIERRE, BEHEEY

Ref: (a) Title LO U.S.€. L552
Enel: (1) DD Form 149 w/attachments
(2) Headquarters Marine Corps (HQMC) memo 1751 MFP-1 of
25 Mar 11
(3) Subject's naval record
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 he was
entitled to Basic Allowance for Housing (BAH) at “with
dependents” rate from 17 July 2010 to 17 September 2010.

2. The Board, consisting of Messrs. Pfeiffer, Zsalman, and
George reviewed Petitioner’s allegations of error and injustice
on 25 April 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 married | (PRUNGHRRSUSL Te: SEIaR on

17 July 2010 in the Republic of Haiti. He requested Basic
Allowance for Housing at “with dependents” rate for the period
of 17 July 2010 through 17 September 2010, while on Active
Reserve duty in the Marine Corps.
Docket: 11994-10

c. Petitioner provided a translated and notarized copy of
his Certificate of Religious Marriage from the Republic of Haiti
to his Installation Personnel Administration Center (IPAC) on
2 November 2010.

a. In November 2010, Petitioner submitted an application
with this Board seeking BAH at “with dependents” rate for the
period of 17 July 2010 to 17 September 2010.

e. In correspondence attached as enclosure (2), the office
having cognizance over USMC separation pay has commented to the
effect that the request for BAH at “with dependent” rate 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 BAH at “with dependents” rate
from 17 July 2010 to 17 September 2010.

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. H 7 LLL

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))

2
Docket: 11994-10

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.

26 April 2011

Lo Qos
W. DEAN PFE
Executive Ditetor

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