DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD
ARLINGTON, VA 22204
LC¢c
Docket No. 563-12
12 Mar 12
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD ICO
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) CNO memo 7220 Ser N130C3/12U0083, 1 Feb 12
(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 Petitioner is entitled to Basic Allowance for Housing (BAH) and
Cost of Living Allowance (COLA) for San Clemente, Island.
2. The Board, consisting of Messrs. George, Pfeiffer, and Zsalman,
reviewed Petitioner’s allegations of error and injustice on
27 February 2012 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 for BAH
should be effective 21 June 2004, date of the memorandum authorizing
BAH for San Clemente, Island.
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.
Docket No. 563-12
RECOMMENDATION :
That Petitioner’s naval record be corrected, where appropriate, to
show that:
a. Petitioner is authorized BAH and COLA for San Clemente
Island, Zip Code 90704 for the period 21 June 2004, date of the
memorandum authorizing BAH for San Clemente, Island, to 16 November
2006, his date of detachment.
b. That so much of Petitioner’s request as exceeds the foregoing
be denied for the reasons stated in enclosure 2. In particular, the
memorandum authorizing BAH and COLA for San Clemente Island was signed
on 21 June 2004 and payment of BAH and COLA was not authorized prior
to that date.
c. A copy of this Report of Proceedings will be filed in
Petitioner’s naval record.
4. 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. HESS, III
Recorder Acting Recorder
Bs 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.
‘For_w. DEAN PFEIFFER
Executive Director
12 March 2012
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