DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JBH
Docket No. NR3273-13
27 March 2014
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: Se : |
Se en natal
Ref: (a) Title 10 U.S.C. 1552
(1) DD Form 149 w/attachments
(2) Weight tickets and associated documents
(3) Separation Order, NAVMC 11060 9 March 2012
(4) HOMC Memo 4050 LPD-2 dated 13 June 2013
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 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, reguiations 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.
Docket No. NR3273-13
b. On 1 September 2011 Petitioner was approved for an
early early under the FY lz Enlisted Early Release Program.
c. After petitioner was approved for early release he
reported to the Traffic Management Office (TMO) at Marine Corps
Air Station (MCAS) Beaufort.
dG. Petitioner claims that he was counseled by an HHG
Counsellor that he could complete the HHG move and be
reimbursed.
e. On 11 November 2011 Petitioner executed a personally
procured Household Goods (HHG} Move.
f. Petitioner claims that he reported back to the TMO and
was informed that he could not be reimbursed for his move
because he moved prior to separations orders being issued.
g. Funding for the Petitioner’s separation orders was not
issued until 9 March 2012.
h. In November 2012, Petitioner submitted an application
to this Board. Petitioner seeks to have the record changed to
show that his orders were issued before his household goods move
in order to make a claim for reimbursement of travel expenses.
Petitioner claims that he was counseled by the local TMO that he
could make the move and then be reimbursed when the separations
orders were issued.
h. In correspondence attached as enclosure (4),
Headquarters Marine Corps (Code LPD2) 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 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 an error, as a general matter of equity,
Docket No. NR3273-13
the Marine Corps should pay for a separating member’s final
household goods move, even if the member moved himseif
‘prematurely and without proper advance authorization.
RECOMMENDATION :
That Petitioner’s naval record be corrected, where appropriate,
to show that:
a. Petitioner’s separation orders were issued prior to
11 November 2011.
b. Petitioner is authorized reimbursement for the self-
procured household goods move he made on approximately
11 November 2011. Reimbursement shall be governed by the
standard policies and regulations that apply to other self-
procured household 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.
ROBERT D. “ASALMAN BRONTE I. MONTGOMERY
Recorder Acting Recorder
5. The foregoing action of the Board is submitted for your
review and action.
Se ED i po
ROBERT D. 4SALMAN
Acting Executive Director
The r mendation is reviewed and approved:
Ui aj
ROBERT L. WOODS
Assistant General Counsel -
(Manpower and Reserve Affairs)
1000 Navy Pentagon, Rm 4D548 |
Washington, DC 20350-1000
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