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

Docket No. 6380-19  
Ref:  Signature Date  

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

Subj: REVIEW OF NAVAL RECORD ICO 

Ref: (a) Title 10 U.S.C. §1552 
     (b) JTR 

Encl: (1) DD Form 149 w/attachments 
      (2) 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 Petitioner received official fleet reserve orders prior to his Household Goods (HHG) move.   

2.  The Board, consisting of                                                                  , reviewed Petitioner's
allegations of error and injustice on 8 October 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 regulations within the Department of the Navy.

     b.  On 25 March 2019, Petitioner initiated shipment of his HHG.

     c.  On 18 April 2019,  Petitioner was issued official fleet reserve orders (BUPERS Order: ). 

     d.  On 19 June 2019, Petitioner was notified by the that their office had no legal basis to permit payment of his claim. 

     e.  On 30 September 2019, Petitioner was transferred to Fleet Reserve. 

CONCLUSION 

Upon review and consideration of all the evidence of record, and especially in light of the contents of reference (b), the Board finds the existence of an injustice warranting the following corrective action.  The Board concluded that even though Petitioner moved prior to the issuance of his official fleet reserve orders, Petitioner was not aware that he could have a designated representative provide a written statement that orders were forthcoming and shipment could take place prior to the official issuance of his orders.   
 
RECOMMENDATION 

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

Petitioner’s official fleet reserve orders (BUPERS order: ) on “24 March 2019” vice “18 April 2019”.  

Note: Petitioner is advised to resubmit his orders, travel claim, all receipts, and a copy of this Board of Correction of Naval Records (BCNR) decision letter to the Household Good Audit Team (HHG-AT) for re-adjudication.  Furthermore, settlement of claim is chargeable to the line of accounting on Petitioner’s official fleet reserve orders (BUPERS order: ). 

A copy of this Report of Proceedings will be filed in Petitioner’s naval record. 

4.  It is certified that 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 reference (a), has been approved by the Board on behalf of the Secretary of the Navy. 


1/27/2020