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

LCC
Docket No. 1550-06
26 Sep 06

This is in reference to your application for correction of your naval record pursuant to the provisions of 10 USC 1552.

A three-member panel of the Board for correction of Naval Records, sitting in executive session, considered your application on 26 September 2006. 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 CNO memorandum 7220 Ser N13OE/06U0493, 5 September 2006, a copy of which is attached.

After careful and conscientious consideration of the entire record, a majority of 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 also 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

DEPARTMENT OF THE NAVY
OFFICE OF THE CHIEF OF NAVAL OPERATIONS
2000 NAVY PENTAGON
WASHINGTON, D.C. 20350-2000

7220
Ser N13OE/06U0493
5 Sep 06

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

Via:	Assistant for BCNR Matters, Pers-OOXCB

Subj:	REQUEST FOR COMMENTS AND RECOMMENDATIONS ICO

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

Enc:	      (1) BCNP. Case File #01550—06

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

2.	Enclosure (1) indicates a request for retroactive payment of Overseas Housing Allowance (OHA), and Cost of Living Allowance (COLA) for Yokosuka, Japan for the period of 28 Jul 05 to 8 Oct
05.

2 A review~ of enclosure (1) revealed that the petitioner reported on board the USS SAN FRANCISCO (SSN 711) on 14 Nov 03. 1 Aug 05 the USS SAN FRANCISCO did a Change of Homeport (COH) from Agana, Guam to Bremerton, WA. The petitioner’s dependents departed Guam on 28 Jul 05 for Yokosuka, Japan. where the petitioner’s dependents resided until 8 Oct 05. IAW reference (a), a member is entitled to draw station allowances at dependent location of serving on unusually arduous sea duty and member has a designated place of residency authorized under paragraph U5222-D2. Appendix A of reference (a), states to receive allowances associated with a designated place move, the member must certify that the designated place is the place at which the dependent intend to establish a bona fide residence. The petitioner’s dependent went to Yokosuka, JA on a temporary basis as his spouse awaited entry approval to the United States.

4.	N13OE recommends disapproval of the petitioner’s request for retroactive payment of OHA and COLA as the petitioner does not meet the criteria of reference (a).

For Official Use Only - Privacy Sensitive - Any misuse or unauthorized disclosure may result in both civil and criminal penalties.

Subj:	REQUEST FOR COMMENTS AND RECOMMENDATIONS ICO

	
Head, Travel and
Transportation Branch (N13OE)

For Official Use Only - Privacy Sensitive - Any misuse or unauthorized disclosure may result in both civil and criminal penalties.