DEPARTMENTOFTHE NAVY
		BOARD FOR CORRECTION OF NAVAL RECORDS
	            2NAVYANNEX
		      WASHINGTON DC 20370-5100
   LCC
Docket No. 3441-06
9 May 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 9 May 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 Nl30c4/06u0269, 27 April 2006, a copy of each 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	

Enclosure

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

7220
Ser 130C4/06U0269
27 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 #0344l—06

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

2.	Enclosure (1) indicates a request for payment of Basic Allowance for Housing (BAH) at the with-dependent rate for Washington, DC (previous duty station) vice Patuxent River, MD
(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.

4.	A review of enclosure (1) reveals that the petitioner transferred from Washington DC to NAS Patuxent River in January 2004. Upon transfer the petitioner maintained his residence in McLean, VA and was paid BAN at his old PDS lAW reference (a). In January 2005, the petitioner relocated his family to Patuxent River and moved into government housing, establishing a permanent residence in the vicinity of his PDS. lAW reference (b) paragraph 5(3), petitioner’s entitlement to BAN is base on his current PDS, Patuxent River, MD.

4.	N13OC recommends disapproval of the petitioner’s request to draw BAN based on his previous PDS of Washington, DC.

Subj:	RE QUEST FOR COMMENTS AND RECOMMENDATIONS ICO

Assistant Head, Pay and
Allowances Section (N130C4)