Docket No. 3883-19
Ref: Signature Date 

From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:  REVIEW OF NAVAL RECORD ICO , USN,   
 
Ref:   (a) Title 10 U.S.C. § 1552 
       (b) OPNAVINST 7220.12 of 24 Dec 05 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) CO,  ltr of 29 Mar 19 
        (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 received 17 months of basic allowance for housing (BAH) back pay. 
                                              
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 18 August 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.  In accordance with the reference (b), sailors who are married to another Sailor, both of whom are E-5 and below and on sea duty are entitled to an off-base housing allowance at the without dependent rate. To receive this benefit sailors must meet the following criteria: Have no other dependents.  Do not reside in government quarters. Are permanently assigned to a ship or afloat squadron.  For the purpose of this entitlement, each member of a dual military couple, having no other dependents, is considered a single member for BAH/OHA entitlement purposes.  
 
     c.  On 4 January 2013, Petitioner entered active duty. 
 
     d.  On 26 July 2013, Petitioner married , a service member. 
 
     e.  On 30 January 2015, Petitioner was advanced to MMN2/E-5. 
 
     f.  On 12 June 2015, Petitioner arrived to the ) for duty. 
 
     g.  On 20 January 2016, Petitioner got divorced.  In accordance with the MMPA (Master Military Pay Account), Petitioner was receiving BAH at the without dependent rate from 12 June 2015 to 21 February 2016.   
 
     h.  On 22 February 2016, Petitioner married and they were residing in  
 
     i.  On 22 February 2016, Petitioner’s BAH at the with dependent rate was started.  
 
     j.  On 3 October 2017, Petitioner got divorced. 
 
     k.  On 24 July 2018, Petitioner’s BAH at the dependent rate was stopped effective 3 October 2017. 
 
     l.  On 16 December 2018, Petitioner was advanced to MMN1/E-6. 
 
     m.  On 4 March 2019, Petitioner’s BAH at the without dependent rate was started.  
 
     n.  In correspondence attached as enclosure (2), Commanding Officer,  commented to the effect that the request has merit and warrants favorable action.  Petty Officer  attempted to meet all requirements to update his marital status at the time of his divorce. Both Petty Officer  and our ship believed that another request for single BAH were not required based on his previous receipt of the single allowance before his marriage. Once the missing request was made known to us, we submitted the required paperwork within a few days. Because of the ship's 78% operational tempo last year, the original notifications that paperwork was missing expired in Transaction Online Processing System (TOPS) before it could be seen by the ship. As a result, the member had no chance to correct his record prior to losing the allowance. 
 
     o.  On 19 August 2019, Petitioner transferred from his unit.   
 
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 corrective action.  The Board concluded that due to lack of counseling by the command to resubmit BAH requests upon his divorces, and the ship's 78% operational tempo, the original notifications that paperwork was missing expired in Transaction Online Processing System (TOPS) before it could be seen by the ship. As a result, the member had no chance to correct his record prior to losing the allowance.   
  
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
  
Petitioner was authorized BAH at the without-dependent rate for , from 21 January 2016 to 21 February 2016.   
 
Petitioner was authorized BAH at the without-dependent rate for , from  4 October 2017 to 3 March 2019.   
 
Note: Defense Finance & Accounting Service (DFAS) will complete an audit of Petitioner’s records to determine if Petitioner is due any back pay and allowances. 
                                                             
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.