DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

LCC
Docket No. 8294-06
13 Apr 07

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

Subj:

	Ref: 	(a)	Title 10 U.S.C. 1552
	
End:	(1) DD Form 149 w/attachments
               (2)	7220 Ser N130C4/06U0577of 16 Nov 06
               (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 Petitioner is entitled to Basic Allowance for Housing (BAH) at the with dependent rate for Washington, D.C. (duty station) vice BAH at the without-dependent rate and BAH-DIFF for the period from 31 August 2005 to 30 December 2005.

2.	The Board, consisting of Messrs. Pfeiffer, McBride, and Ms. Humberd, reviewed Petitioner’s allegations of error and injustice on 10 April 2007 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, 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.	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 Petitioner’s ex-spouse has primary physical custody from 9:30 A.M. Tuesday to 6:00 P. M. Friday; therefore, the Petitioner is only entitled to BAH without dependents and BAH-DIFF for the period his former spouse has custody of the children. The Petitioner is authorized BAH with dependents when he has primary custody.

CONCLUS ION

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 corrective action.

RECOMMENDATION:
										Docket No. 8294-06

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

a.	Petitioner is authorized retroactive payment of BAH with dependents for the days the Petitioner has physical custody (6:00 P.M. Friday to 9:30 A.M. Tuesday) for the period from 31 August 2005 to 31 December 2005. Petitioner will be entitled to BAH-DIFF remaining period of time from 31 August 2005 to 31 December 2005.

b.	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 complete record of the Board’s proceedings in the above entitled matter.

ROBERT D. ZSALMAN	WILLIAM J. HESS, III
Recorder	Acting Recorder

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.

13 April 2007
W.	DEAN PFEIFFER
Executive Director

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