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NAVY | BCNR | CY2011 | 04053-11
Original file (04053-11.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR GORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

WJH

Docket: 4053-11
17 May 2011

From: Chairman, Board for Correction of Naval Records

To: Secretary of the Navy

Subj : —EE EE
REVIEW OF NAVAL RECORD -

Ref: (a) Title LO U.S.C. 1552

Enel: (1) DD Form 149 w/attachments

 

(2) CNO ltr 5420 Ser N130C1/1U0382 of 11 May 2011
(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 entitlement to ship
household goods based on his retirement orders was extended
until 31 December 2011.

 

2. The Board, consisting of Messrs. Pfeiffer, Exnicios and
George reviewed Petitioner's allegations of error and injustice
on 16 May 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.

ib. Petitioner was transferred to the Fleet Reserve on 31
December 2008. He was authorized shipment of household goods
within 12 months of transfer, subject to an extension upon
request and approval.
Docket: 4053-11

c. Petitioner failed to request an extension of his
entitlement to ship household goods at government expense and
his entitlement lapsed.

d. In April 2011, Petitioner submitted an application with
this Board seeking to reinstate his entitlement to ship
household goods at government expense.

e. In correspondence attached as enclosure (2), the office
having cognizance over the matter has commented to the effect
that the request for an extension 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 made a timely request to extend his
entitlement to ship household goods at government expense based
on the orders transferring him to the Fleet Reserve on 31 Dec

2008.

b. The request for an extension was approved and his
entitlement to ship household goods at government expense was
extended until 31 December 2011.

c. That a copy of this Report of Proceedings be filed in
Petitioner’s naval record.

A, 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: 4053-11

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

WILLIAM J. HESS, III
Acting Recorder

ROBERT D. ZSALMAN
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.

17 May 2011

ROBERT D. 4ASALMAN
Acting Executive Director

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