DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5 100

LCC
Docket No. 8414-07
11 Dec 07

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 10 December 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 130 memorandum 7220 Ser N13OC2/07U0754 of 4 December 2007, 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

Enclosure

	                   DEPARTMENT OF THE NAVY
 	                                                        OFFICE OF THE CHIEF OF NAVAL OPERATIONS
WAS HINGTON, DC  2O35O-2OOO

7220
Ser N130C2/07U0754
04 Dec 07

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) JFTR CH. 10
          (b) OPNAV Instruction 7220.12

Encl: (1) BCNR Case File #08414-07

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

2.	Enclosure (1) is a request for BAH based on zip code with retroactive payment of Basic Allowance for Housing (BAH) at the without-dependent rate beginning July 2005.

3.	IAW reference (b) in order to receive BAH at dependent location when assigned to arduous sea duty, the member must not be able to commute daily between the dependents location and the PDS. Since Jacksonville, Florida and Kings Bay, Georgia are within commuting distance in accordance with reference (a), the entitlement for BAH at dependent location does not exist.

4.	N13OC recommends disapproval of the petitioner’s request for the payment of BAH with-dependents for zip code 
		-~

Assistant Head, Pay and
Allowances Section (N130C2)

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