DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-51 00

LCC
Docket No. 2804-06
30 Jan 07

This is in reference to your application f or 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 30 January 2007. 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 7220 Ser N130c4/06u0260, 21 April 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,

ROBERT D ZSALMAN
Acting Executive Director

Enclosure

DEPARTMENT OF THE NAVY
OFFICE 0F THE CHIEF OF NAVAL OPERATIONS
2000 NAVY PENTAGON
WASHINGTON, D.C. 2O3~O-2OOO

7220
Ser N130C4/06U0260
21 Apr 06

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
	Ref:	(a)	DODFMR Volume 7A, Chapter 26
		(b)	OPNAVINST 7220.12

End:	(1) BCNR Case File #02804-06

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

2.	Enclosure (1) indicates a request to draw Basic Allowance for Housing (BAH) at the with-dependent rate for  (dependents’ location) vice Camp Pendleton, CA (duty station).

3.	IAW reference (a) paragraph 260107.B2, Low/No Cost moves effective July 1, 2001, the Secretary concerned may pay BAH based on the old station rate in situations involving low or no cost moves within the United States. The intent of reference (a) is to allow members the opportunity to maintain their same residence that they based on the previous duty station and commute to their new duty station. Petitioner executed a PCS move at government expense and relocated his household goods to another residence in San Diego. The petitioner could have used his government move to relocate his dependents to his new PDS, but the petitioner chose not to.

4.	N13OC took into consideration that the petitioner is willing to pay back the Dislocation Allowance (DLA) that he received during his PCS move, however the petitioner clearly violated the intent of reference’s (a), and (b), and therefore does not meet the criteria of reference (a), and (b)

5.	N13OC recommends disapproval of the petitioner’s request to draw BAR at dependents’ location 

Assistant Head, Pay and
Allowances Section (N13OC4)