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Decision Text

NAVY | BCNR | CY2011 | 02208-11
Original file (02208-11.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

WIH
Docket: 2208-11
21 April 2011

From: Chairman, Board for Correction of Naval Records

 

 

To: Secretary of the Navy
Subj:
IEW OF NAVAL RECORD
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) NAVSUP SYSTEMS CMD ltr 4050 Ser 53H/025 of 4 Apr 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 that his transfer orders were issued
prior to 12 November 2010.

2. The Board, consisting of Messrs. Pfeiffer, Zsalman, and
George reviewed Petitioner’s allegations of error and injustice
on 18 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.

Bis In conjunction with his upcoming transfer to the Fleet
Reserve, Petitioner sought counseling on his household goods
(HHg) shipping entitlements from the Beauford Traffic Management
office.
Docket: 2208-11

c. Petitioner was erroneously advised that he could
commence his personally procured HHG move from Port Royal SC to
Tuscaloosa AL prior to the receipt of his transfer orders.

d. Petitioner commenced his move on 12 November 2010. His
orders were not issued until 2 December. Therefore, his claim
for reimbursement of costs associated with the move was denied.

e. In March 2011, Petitioner submitted an application with
this Board seeking a change to his record to show that his
transfer orders were issued prior to 12 November 2010.

f. In correspondence attached as enclosure (2), the office
having cognizance over HHG moves 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 releasing Petitioner from active duty were
issued on 1 Nov 2010 vice any other date.

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

Note: Petitioner should resubmit his 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
Docket: 2208-11

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

   

ROBERT D. ZSALMAN

WILLIAM J. HI
Recorder

Acting Recorder

 

2 wed

 

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.

21 April. 2011

eS SE

Fee_Ww. DEAN PFEIFFER
Executive Director

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