DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
					       2 NAVY ANNEX
	WASHINGTON DC 20370-5100	

		LCC:lc
		 Docket No:  1763-04
											11 May 2004

LT USN

Dear LIEUTENANT:

This is in reference to your application for correction of your naval record pursuant to the provisions of title 10 of the United States Code, section 1552.

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 May 2004. Your allegations of error and injustice were reviewed in accordance with 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 OPNAV memorandum 7220 Ser NI3OE/04U0289, 22 April 2004, 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. Accordingly, 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 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,

W. DEAN PFEIFFER
Executive Director

Enclosure
DEPARTMENT OF THE NAVY
OFFICE OF THE CHIEF OF NAVAL OPERATIONS
2000 NAVY PENTAGON
WASHINGTON. D.C. 203502000

IN REPLY REFER TO
7220
Ser N13OE/04U0289
22 Apr 04

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS

Via:	Assistant for BCNR Matters, Pers-OOXCB

Subj:	REQUEST FOR COMMENTS AND RECOMMENDATIONS ICO LT,   USNR, 

Ref:	(a) Joint Federal Travel Regulations, Volume 1

End:	(1) BCNR Case File #01763-04

1.	Per your request, the following recommendation concerning enclosure (1) is provided.

2.	Enclosure (1) indicates a request for payment of Dislocation Allowance (DLA) during petitioner’s Permanent Change of Station (PCS) orders from her home to   in July 2002.

3.	IAW reference (a), paragraph U5630-Cl, DLA is not authorized in connection with a PCS from home or from PLEAD to first PDS unless the dependents actually move from the member’s residence to the PDS or designated place in connection with the PCS. Petitioner is married to a military member, therefore on the effective date of these orders she had no other dependents. Military married to another military member is without dependents and considered to be single; therefore reference (a) will apply to the petitioner making her not eligible to receive
DLA.

4.	N13OE recommends disapproval of the petitioner’s request for payment of DLA IAW reference (a).

Head, Travel and Transportation
Allowances Section (N13OE)