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NAVY | BCNR | CY2011 | 02774-11
Original file (02774-11.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

BAN
Docket No. 02774-11
19 April 2011

From: Chairman, Board for Correction of Naval Records

To Secretary of the Navy
Subj: REVIEW wee BERGRD SRRERATEIRS rey, sngy’
Ref: (a) 10 U.S.C. 1552

Enel: (1) DD Form 149 w/attachments
(2) Naval Personnel Command (NPC) memo 7220 Ser N130C/11U0211
of 4 Apr 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 authorized
family separation allowance while on a temporary duty assignment in
Iraq.

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.

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 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
Docket No. 02774-11

finds the existence of an injustice warranting the following corrective
action.

RECOMMENDATION :

That Petitioner’s naval record be corrected, where appropriate, as
follows:

a. Petitioner is entitled to family separation allowance-temporary
duty (FSA-T) from 4 November 2005 to 6 July 2006. Petitioner was on
temporary duty (TDY) away from his permanent station continuously for
more than 30 days, and his dependents were not residing at or near the
TDY station.

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 proceedings in the above entitled
matter.

[iobua JZ

ROBERT D. ZSALMAN WILLIAM J. HESS III
Recorder Acting Recorder
bi, 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.

19 April 2011 ar oe

Fee_w. DEAN PFEIFFER
Fxecutive Director

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