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NAVY | BCNR | CY2013 | NR0296 13
Original file (NR0296 13.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5160

 

JBH
Docket No. NR296-13
30 July 2613

From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy

Subj; SE
a

Ref: (a) Title 10 U.S.C. 1552

DD Form 149 w/attachments

Weight tickets and associated e-mails

Separation Order, NAVPERS 1900/2 dated 4 Sep 2012
CNO itr 7220 Ser N130C1/090U0935 of 21 Dec 2009

+. 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 establish eligibility for reimbursement
of a self-procured household goods move.

2. The Board, consisting of Messrs. Pfeiffer, Zsalman and
George, reviewed Petitioner's allegations of error and injustice
on 16 July 2013 and, pursuant to its regulations, determined by
majority vote 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 appiying to this Board, Petitioner exhausted ail
administrative remedies available under existing law and
regulations within the Department of the Navy.
Docket No. NR296-13

b. On 15 May 2012, Petitioner submitted a request for a 5
month early release so he could attend college during the Fall
semester.

c. On 30 May 2012, the command supported the. early release
and forwarded the request to Commander Navy Personnel Command .

dG. Commander, Navy Personnel Command disapproved the
request for early separation on 25 June 2012.

e. Petitioner’s spouse conducted a Personally Procured
Household Goods Move (PPM) on 27 July 2012.

£, Petitioner submitted a second request for early release
on 6 August 2012. 4

g. On 14 August 2012, Petitioner's second request for
early release was approved.

h. Petitioner’s separations orders were issued 4 September
2012,

4. Shortly after issuance of separations orders,
Petitioner sought reimbursement for his household goods move.
He was told that, because he moved himself prior to his
separations orders being approved/issued, any such claim would
not be payable.

g. In December 2012, Petitioner submitted an application
to this Board. Petitioner seeks to have the record changed to
show that his orders were sgsued before his household goods move
in order to make a claim for reimbursement of travel expenses.
Petitioner states in his written statement that his spouse had
rented an apartment and paid for courses which started in the
summer texrm prior to the notification that the request for early
release was disapproved. Due to the fact the Petitioner's
spouse was due to start classes during the summer term, he made

the decision to move her to > 2.3.6. remain in @qBuntil

his early release was approved.

h. In correspondence attached ag enclosure (4), the office
of the Commander Naval Supply Systems Command (Code N130) has
recommended the request be denied for the following reasons.

The member conducted a Personally Procured Move prior to
receiving separation orders and Petitioner did not meet the
Docket No. NR296-13

requirements outlined in the Joint Federal Travel Regulations to
be reimbursed for the Personally Procured Move using his
Separation orders.

CONCLUSION :

Upon review and consideration of all the evidence of record, the
majority of the Board, concluded that Petitioner’s request
warrants favorable action. The Board carefully weighed the
observations made in enclosure (4). The Board found that, while
there is no evidence of am error, as a general matter of equity,
the Navy should pay for a separating member’s final household
goods move, even if the member moved himself prematurely, but in
good faith. .

RECOMMENDATION :

That Petitioner’s naval record be corrected, where appropriate,
to show that:

a. Petitioner's separation orders were issued prior to
27 July 2012.

b. Petitioner is authorized reimbursement for the selfi-
procured household goods move he made on approximately
27 July 2012. Reimbursement shail be governed by the standard
policies and regulations that apply to other self-procured
hougehol@ goods moves made in conjunction with separation from
active duty.

4. It is certified that a 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.

es OLeyaL [austen ek
ROBERT D. ZSALMAN BRONTE I. MONTG' ERY

Recorder Acting Recorder
Docket No. NR296-13

5. The foregoing action of the Board is submitted for your

review and action.
yd SS ya

ROBERT D. ZSALMAN
Acting Executive Director

The Wet is reviewed and approved:

ROBERT L. WOODS

Assistant General Counsel —
(Manpower and Reserve Affairs)
4000 Navy Pentagon, Rm 40546

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