DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

MAY 30 2019  

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

Subj:  REVIEW OF NAVAL RECORD ICO XXX-XX  , USN RET,  

Ref:  (a) 10 U.S.C. § 1552 
 
Encl:  (1) DD Form 149 of 7 Nov 17 
(2) MILPERSMAN 1910-812 of 12 JanlO 
(3) History of Assignments 
(4) BUPERS order 0877 of28 Mar 17 
(5) Non-Availability Confirmation of 15 May 17  
(6) Enterprise Rental car contract/receipt of 22 May 17
(7) Residence Inn   of 22 May 1 7
(8) DD Form 214 of 31 Jul 17
(9) OCNO memo 7220 SerNI30C6/18U1244 of 17 Sep 18 
(10) Petitioner's AO rebuttal of 15 Oct 18 


1. Pursuant to the provisions of the reference, Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board, requesting that the applicable naval record be corrected to show that Petitioner was reimbursed for travel expenses, (rental vehicle, fuel, and parking) while out­processing at the Transient Personnel Unit (TPU), 

2. The Board, consisting of reviewed Petitioner's allegations of error and injustice on 4 January 2019 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, relevant portions of Petitioner's naval record, 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 regulation within the Department of the Navy. 

b. On 12 January 2010, MILPERSMAN 1910-812 (Place of Separation) was published. See enclosure (2). 

c. On 7 July 2014, Petitioner was joined by NAVFAC See enclosures (3). 

d. On 28 March 2017, Petitioner was issued official retirement orders (BUPERS Order: 0877) with an effective date of 1 August 2017. See enclosure (4). 

e. May 2017, Petitioner received a non-availability confirmation from Navy , of22 May 2017. See enclosure (5). 

f. On 22 May 2017, Petitioner departed his duty station and arrived at the TPU, 
See enclosure (3). 

g. On 22 May 2017, Petitioner rented a vehicle from Enterprise at International 
Airport, with a return date of 31 May 2017. See enclosure (6). 

h. On 22 May 2017, Petitioner took residence at the Residence Inn, Marriott in downtown 
, with a departure date of 31 May 2017. See enclosure (7). 

i. On 31 July 2017, Petitioner transferred to the Retired List. See enclosure (8). 

j. In enclosure (9), the Office of the Chief of Naval Operations provided an advisory opinion (AO) concluding that the evidence proffered by Petitioner is insufficient to support his requested record change, explaining that 
Based on the information provided by the member, and in accordance with reference (a) [MILPERSMAN 1910-812], the member is not entitled to the reimbursement for the rental car, parking fees, or gas. The member would have been entitled to the cost, not to exceed the amount from his old PDS to his HOS. 

k. On 15 October 2018, Petitioner provided a rebuttal to the AO, noting that the reference that was used to deny his reimbursement did not apply to him because the provision was from a section entitled "Exceptions to the Policy." He transferred to the appropriate separation activity listed in the reference. He further asserted that he executed his orders, which stated that he was on temporary duty while in , and therefore should be reimbursed for all necessary expenses. See enclosure (10). 

CONCLUSION 

Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice and concluded the Petitioner's request warrants corrective action. The Board did not concur with the AO. The Board determined that, since MlLPERSMAN 1910-812 paragraph 5 (enclosure (2)) clearly indicates that the is designated as an appropriate Separation Activity to which members may be assigned, appropriate TDY travel entitlements are authorized. The Board concluded that, under these circumstances, a measure of relief is warranted. RECOMMENDATION That Petitioner's naval record be corrected, where appropriate, to show that: 

Petitioner was authorized lodging and transportation expenses while at the TPU, Naval Station 

Note: Settlement of this claim is chargeable to the line of accounting on Petitioner's official retirement orders (BUPERS Order: 0877). Petitioner will resubmit his original travel claim, along with this approval letter, to the PSD Norfolk for settlement. 

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 a 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. 

5. The foregoing action of the Board is submitted for your review and action. 

Executive Director 

Reviewed and Approved

AUG 12 2019 

Assistant General Counsel (M&RA)