DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
WJH
Docket: 3508-11
2 August 2011
This is in reference to your application for correction of
naval record pursuant to the provisions of 10 USC 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 1 August 2011. Your allegations of error
and injustice were reviewed in accordance with the
administrative regulations and procedures applicable to the
proceedings of this Board. Documentary material considered
by the Board consisted of your application, together with
all material submitted in support thereof, your naval
record and applicable statutes, regulations and policies.
In addition, the Board considered the advisory opinion
furnished by the Naval Supply Systems Command 4050 Ser
53H/049 of 7 Jun 2011, a copy of which is attached.
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable
material error or injustice. In this connection the Board
substantially concurred with the comments contained in the
advisory opinion. The Board noted that you were authorized
by your transfer orders to reimbursement for a household
goods move from Jacksonville to Meridian in 2009. However,
that authorization does not extend to further reimbursement
for a local move in Meridian in 2010. In the Board’s view,
you knew or should have known that a “second” move at
government expense was not authorized. The Board carefully
considered the statement made by QE However,
his statement is vague in that it does not explain what
information he had at the time. Moreover, even if qe
Docket: 8877-10
GHEER did furnish you with erroneous information, it is
well settled that such erroneous information does not serve
as a basis for the payment of allowances in excess of those
that are provided for by statute or regulation. Finally,
the Board noted that your Application for a DITY move was
dated 17 August 2010, almost a month after you moved your
household goods to QM. Under these
circumstances, the Board found that relief is not warranted .
and therefore your application has been denied. The names
and votes of the members of the panel will be furnished
upon request.
It is regretted that the circumstances of your case are
such that favorable action cannot be taken, You are
entitled to have the Board reconsider its decision upon
submission of new and material evidence or other matter not
previously considered by the Board. In this regard, it is
also important to keep in mind that a presumption of
regularity attaches to all official records. Consequently,
when applying for a correction of an official naval record,
the burden is on the applicant to demonstrate the existence
of probable material error or injustice.
Sincerely,
Lo Muses
W. DEAN “PF
Executive Rikg@ctor
Enclosures
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