DEPARTMENTOFTHE NAVY
		BOARD FOR CORRECTION OF NAVAL RECORDS
		            2 NAVY ANNEX
		      WASHINGTON DC 2O37O-5100

LCC
Docket o. 7288-06
1 Nov 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 31 October 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 N130C4/06U0565, 5 October 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.

W.	DEAN PFEIFFER
 Executive Director

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

7220
hE~r IJI3L’C4t/~ 0iJ0565

5 Oct 06

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

Via:	Assistant for BCNR Matters, Pers-OOXCB

Subj:

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

	Encl:  (1) BCNR Case File #07288-06 

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

2. 	Enclosure (1) indicates a request for retroactive payment of Basic Allowance for Housing (BAH) at the with-dependent rate for previous 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. Although the petitioner did not execute a PCS move at government expense, the petitioner did execute a move at his own expense. Therefore, IAW reference (b) paragraph 5.3, the petitioner’s BAN entitlement is based on his current PDS of Camp Pendleton, CA.

4.	N13OC recommends disapproval of the petitioner’s request to draw BAH based on his previous PDS4

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