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) OPNAVINST 7220.12 of 24 Dec 05 
 (c) JTR (December 2018) 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) OCNO memo 7431 N130C2/20U1506 of 24 Sep 20 
        (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 was reimbursed funds spent upon command approval for off base quarters.   
                                              
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 13 October 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 reference (b), Navy policy restricts eligibility to berth ashore for single shipboard Sailors E-5 and E-4 (with greater than four years of service), contingent upon the approval of their commanding officer. This approval, however, does not constitute an authorization to receive a housing allowance, but simply allows the member to reside off the ship. 
 
     c.  On 3 December 2015, Petitioner entered active duty. 
 
     d.  On 16 May 2018, Petitioner was advanced to E-4. 
 
     e.  In accordance with reference (c), a service member without a dependent in grade E-4 assigned to permanent sea duty aboard a ship cannot elect to not occupy assigned shipboard Government quarters and receive BAH or OHA.  Under Service regulations, the Secretary concerned may authorize BAH or OHA to a Service member without a dependent who is serving in grade E-4 and is assigned to sea duty. 
 
     f.  On 13 December 2018, Petitioner submitted a special request/authorization for OHA/MIHA entitlements, and advance OHA.  Petitioner’s request was approved on 17 December 2018 by cognizant authority. 
 
     g.  On 12 February 2019, Petitioner signed a lease agreement commencing on 15 February 2019 and ending on 14 February 2020.  Petitioner was required to pay a monthly payment of $2,205. 
 
     h.  On 15 March 2019, Commanding Officer,  notified Petitioner that he was directed to vacate his off-base residence as soon as practical based on the failure to receive OHA payments necessary to support his lease agreement.   
 
     i.  On 18 March 2019, Petitioner received a condo room rent bill for $2,007.99 while residing at , for the period of 15 February 2019 to 18 March 2019. 
 
     j.  On 22 March 2019, Petitioner received $2,007.99 from the Navy-Marine Corps Relief Society. 
 
     k.  On 24 March 2019, Petitioner received a prorated utility bill for $392.85 while residing at ,  for the period of 1 March 2019 to 24 March 2019. 
 
     l.  On 16 June 2019, Petitioner was advanced to E-5. 
 
     m.  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 the request has merit and warrants favorable action. 
                                
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 the command failed to properly review all applicable regulations and authorized Petitioner to live in off base housing resulting in a debt to Petitioner for his expenses.    
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner was authorized OHA/COLA at the without-dependents rate for , from 15 February 2019 to 18 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, and that full entitlement of OHA Rental Allowance, Utility/Recurring Maintenance Allowance, and Move-In-housing Allowance be authorized. 
                                                             
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.