From:  Chairman, Board for Correction of Naval Records 
To:     Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD ICO FORMER MBR    
 
Ref:   (a) Title 10 U.S.C. § 1552 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) NAVSUP memo 5040 Ser N43/064 undated 
        (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 reimbursement of Petitioner's 2019 tax refund for $2,921.00, which was seized by the department of treasury on behalf of NAVSUP, and permanently delete all credit reports related to this case from all credit reporting agencies. 
                                              
2.  The Board, consisting of  reviewed Petitioner’s allegations of error and injustice on 15 September 2020 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 regulations within the Department of the Navy. 
 
     b.  On 29 March 2006, Petitioner entered active duty, and was discharged in order to accept a commission or warrant in same branch of service on 18 April 2018. 
 
     c.  On 19 April 2013, Petitioner was commissioned as an Ensign in the active U.S. Navy. 
 
     d.  On 15 May 2013, Carrier delivered Petitioner’s HHG weighing 9,940 lbs. and he declared 1,000 lbs. of professional books, papers and equipment (PBP&E). 
 
     e.  On 30 September 2014, Petitioner was issued official separation orders (BUPERS order: 2744). 
 
     f.  On 8 January 2015, Petitioner was appointed as an Ensign in the inactive U.S. Navy Reserve effective 1 February 2015. 
 
     g.  On 31 January 2015, was discharged and reappointed in the Navy Reserve due to reduction in force. 
 
     h.  On 23 July 2015, Petitioner’s household goods (HHG) were packed up.   
 
     i.  On 26 July 2015, Carrier obtained a weight ticket in with a gross weight of 54,820 lbs.  
 
     j.  On 27 July 2015, Carrier picked up Petitioner’s HHG for transportation. 
 
     k.  On 2 August 2015, Petitioner’s shipment was weighted   Gross Weight was 37,620 (a difference of 17,200 lbs.). 
 
     l.  On 9 November 2015, Petitioner received a letter from NAVSUP Fleet Logistics Center Norfolk stating that Petitioner’s 2015 move from  exceeded his authorized weight allowance of 12,000 pounds authorized by Chapter 5, paragraph 5206 of the Joint Travel Regulations.  Petitioner exceeded his entitlement by 3,867 pounds resulting in an excess cost of $4,970.83.  Furthermore, if Petitioner is unable to pay this debt due to extreme financial hardship and wishes to file a Waiver/Remission of Indebtedness, please see paragraph 8 of the Audit Information Sheet for instructions.  Finally, Pay Adjustment Authorization showed zero pounds for PBP&E.   
 
     m.  On 28 October 2016, Petitioner received a notice of intent to initiate administrative wage garnishment proceedings from the Department of the Treasury with a debt owed of $6,402.09.  
 
     n.  On 5 September 2019, Petitioner resigned his commission as an officer in the U.S. Navy Reserve. 
 
     o.  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.   
                                
CONCLUSION 
 
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 partial corrective action.  The Board concluded that Charter Transportation failed to weigh PBP&E, did not conduct a reweigh, and ultimately did not credit Petitioner for any PBP&E.  Petitioner’s 2013 HHG move was 7,260 lbs. lighter and he declared 1,000 lbs. PBP&E.  The Board also concluded that Petitioner would have accumulated more PBP&E since his last move therefore the Board agreed to increase Petitioner’s PBP&E to reflect 2,000 lbs.  Petitioner is financially responsible for the excess weight charges.   
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner’s household goods (HHG) inventory sheets contained “2,000.00” vice “0” pounds of Professional Books, Papers & Equipment (PBP&E).   
 
Note: Petitioner is advised to submit a claim for reimbursement of a HHG move, with a copy of the Board for Correction of Naval Records (BCNR) decision letter to the Navy household goods audit team (HHG-AT) for adjudication.  Settlement of claim is chargeable to the line of accounting on Petitioner’s BUPERS separation order number 2744.  Finally, point of contact is the Director, HHG Audit Team (Code 302), NAVSUP Fleet Logistics Center Norfolk, 1968 Gilbert Street Suite 600, Norfolk, VA 23511-3392.  The phone number is 757-443-1872/1733 or Celene.long@navy.mil.   
 
That part of Petitioner's request for corrective action that exceeds the foregoing is denied. 
The Board does not have the jurisdiction to reimburse Petitioner's 2019 tax refund for $2,921.00, which was seized by the department of treasury on behalf of NAVSUP, and permanently delete all credit reports related to this case from all credit reporting agencies.  However, Petitioner can apply for a remission or waiver of the debt.  Financial hardship, as well as other emotional aspects, may be considered for the remission.  Members seeking a remission should request instructions from OPNAV N130C at nxag_N130C@navy.mil.       
  
A copy of this Report of Proceedings will be filed in Petitioner’s naval record. 
 
4.  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.  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 the reference, has been approved by the Board on behalf of the Secretary of the Navy. 
 
      11/3/2020