DEPARTMENT OF THE NAVY
		BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
	
	LCC
Docket No. 5495-06
	17	Aug	06

From:	Chairman, Board for Correction of Naval Records
To:	Secretary of the Navy

Subj:	REVIEW QF NAVAL RECORD ICO ENC XXXXX

Ref:	(a) Title 10 U.S.C. 1552

End:	(1)  DD Form 149 w/attachments
(2)  NAVSUPSYSCMD memo 4050 Ser 53E/094 of 21 Jun 06
(3)  Subject’s naval record

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 show Petitioner submit a request for an extension of the one-year period in which to ship household goods (HHG) at government expense incident to his transfer to the Fleet Reserve on 31 August 2004.

2.	The Board, consisting of Messrs. Beckett, Leeman, and Pfeiffer, reviewed Petitioner’s allegations of error and injustice on 15 August 2006 and, pursuant to its regulations, determined 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, regulations 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.

b.	In correspondence attached as enclosure (2), the office having cognizance over the subject matter addressed in Petitioner’s application has commented to the effect that the request has merit and warrants favorable action.

CONCLUS ION

Upon review and consideration of all the evidence of record, and especially in light of the contents of enclosure (2), the Board finds the existence of an injustice warranting the following corrective action.

Docket No. 5495-06

RECOMMENDATION:

That Petitioner’s naval record be corrected, where appropriate, to show that:

a.	On 8 August 2005 Petitioner submitted a letter to the appropriate naval authorities requesting an extension of the one-year period in which to ship HHG at government expense. On 9 August 2005 the appropriate naval authorities approved his request for an additional period of 14 months expiring 31 October 2006.

(NOTE: His entitlement to non-temporary storage expired 12 months after date of retirement in accordance with JFTR U5365 C-3 and may not be extended under these circumstances. Petitioner is only entitled to 90 days of temporary storage.)

b.	A copy of this Report of Proceedings will be filed in Petitioner’s naval record.

4. Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(c)) it is certified that 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. ZSALMAN				WILLIAM J. HESS, III
Recorder				Acting Recorder

5. Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(e)) and having assured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the authority of reference (a), has been approved by the Board on behalf of the Secretary of the Navy.

17 August 2006

							W. DEAN PFEIFFER
							Executive Director

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