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

Docket No. 7374-18 
Ref: Signature Date 

This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied.
     
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 September 2019.  The names and votes of the members of the panel will be furnished upon request.  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, relevant portions of your naval record and applicable statutes, regulations and policies.  In addition, the Board considered the advisory opinion contained in Commander, Naval Supply Systems Command ltr 5040 Ser N43/105 of 7 January 2019, which was previously provided to you for comment.  

On 17 May 2017, you were issued official change duty orders.  On 19 July 2017, your household goods (HHG’s) were packed and picked up on 21 July 2017, and delivered on 5 September 2017.  On 28 March 2018, you were notified by the household goods Audit Team (HHG-AT) of exceeding your authorized weight of 11,000 lbs. by 3,338 lbs. resulting in an excess cost of $4,589.27.   

You requested a weight reduction of 15% for packaging and 2,000 pounds of pro gear.  The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions.  However, the Board concluded that you received a 10% credit for packing materials (1,556 lbs.) per the Joint Travel Regulations (JTR) which states “When unpacked and uncreated HHG actual weight is not known, subtract 10% of the net weight show on the shipping documents.” Furthermore, you were credited with 123 lbs. of Professional Books, Papers and Equipment (PBP&E) for the items annotated on your inventory sheets.  Per the JTR it is the member’s responsibility to properly declare your PBP&E at the origin of the shipment.  The inventory sheets do not support 2,000 lbs.  In this connection, the Board substantially concurred with the comments contained in the advisory opinion. 

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 matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or considered by the Board.  In this regard, it is 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, 


1/19/2020