Docket No: 6960-17
APR 29 2019

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

Subj:	REVIEW OF NAVAL RECORD 

Ref:	(a) 10 U.S.C. § 1552
            (b) JTR para 5208-E
            (c) MILPERSMAN 1800-020
            
Encl:	(1) DD Form 149 of 8 Jan 17
Encl:	(2) COMNAVPERSCOM MSG 040058Z May 15
      (3) Pg 2,  ltr 5040 Ser N42/143 of 4 Dec 17
      (4) BUPERS Order 0696 of 9 Mar 16
      (5) DD Form 2278 of 3 May 16
      (6) PPM Checklist of 16 May 16
      (7) Shipment info of 12 Jun 17
	(8) DD Form 214 of 31 May 16
            (9)  ltr 4600 302/335881 of 28 Jun 17
	(10)  ltr 5040 Ser N42/143 of 4 Dec 17
            (11) Petitioner’s rebuttal of 9 Jan 18
            
1.  Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board, requesting that his naval record be corrected to change the issuance date of his retirement orders.  
                                             
2.  The Board, consisting of, reviewed Petitioner’s allegations of error and injustice on 9 November 2018 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 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.  On 4 May 2015, Petitioner received approval of his requested retirement.  Enclosure (2).  

     c.  On 28 August 2015, Petitioner obtained an empty weight ticket at origin for his vehicle.  Furthermore, from 2 September 2015 to 13 February 2016, Petitioner performed five personally procured moves (PPMs).  Enclosure (3).

     d.  On 9 March 2016, Petitioner received his official retirement orders (BUPERS Order 0696).  Enclosure (4).

     e.  On 3 May 2016, Petitioner completed the application for a do-it-yourself move and counseling checklist.  Enclosure (5).

     f.  On 16 May 2016, Petitioner submitted his PPM checklist and expense certification.  Enclosure (6).

     g.  On 25 May 2016, Petitioner’s government-arranged move was picked up and delivered on 1 June 2016.  Enclosure (7).

     h.  On 31 May 2016, Petitioner was transferred to the Fleet Reserve.  Enclosure (8). 

     i.  On 28 June 2017, Petitioner received notification from the Household Goods Audit Team (HHG-AT) that he was not entitled to reimbursement for shipment of his HHGs.  Petitioner initiated shipment of his HHGs on 28 August 2015 before the 9 March 2016 issue date of his orders.   Enclosure (9).

     j.  In an advisory opinion (AO), the office having cognizance over the subject matter addressed in Petitioner’s application noted that Petitioner received his retirement orders in March 2016.  In anticipation of receiving his retirement orders from the Navy, Petitioner decided to conduct several PPMs to.  The AO also noted that Petitioner has not provided documentation to be reimbursed for his PPMs, in accordance with reference (b).  Enclosure (10).

     k.  On 9 January 2018, Petitioner provided a rebuttal to the AO, stating “I received my first message approving my voluntary retirement on May 4, 2015.  I called the housing office on or about May 7, 2015 requesting information on when I could start moving my belongings.  I was told that I could start now because I already had my official letter of retirement.”  Enclosure (11).

CONCLUSION

Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting the following corrective action.  The Board noted that members honorably separated from active duty are entitled to a household goods (HHG) move to either their home of record (HOR) or their home of selection (HOS).  The Board thus determined that no reasonable person would arrange a PPM knowing that you would not be reimbursed; that Petitioner is entitled to be reimbursed up to the allowed weight; and his BUPERS Orders issuance date should be adjusted as allowed by reference (c).

RECOMMENDATION

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

Petitioner’s official retirement orders (BUPERS Order 0696) were issued prior to “28 August 2015” rather than “9 March 2016.”  

Note:  Petitioner must resubmit his PPM claim and a copy of this Board for Correction of Naval Records (BCNR) decision letter to the HHG-AT for adjudication.  The mailing address is; the phone number is and the email address is.  Further settlement of this claim is chargeable to the line of accounting on Petitioner’s order number 0696.   

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