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) OCNO ltr 7220 Ser N130C4/10U0593 dtd 29 Jul 10 (c) DoD 7000.14-R FMR Vol 7A Ch 27 (d) Joint Travel Regulations 2017 (e) CO, ltr 7200 Ser CO/008 of 26 Sep 19 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 the Board for Correction of Naval Records (Board), requesting that her naval record be corrected to show Petitioner received overseas housing allowance (OHA) at the dependent’s location while stationed in . 2. The Board, consisting of reviewed Petitioner’s allegations of error and injustice on 1 December 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. On 23 September 2004, a rental agreement between (tenant) and (landlord) to the rental unit located at . c. In accordance with reference (b), Dependent Designated Place of Residency approvals are authorized by law to allow service members to designate an alternate place of residency for their dependents while assigned to unaccompanied and Unusually Arduous Sea Duty {UASD) billets. Official regulations outlining Designated Place move policy can be found in JFTR U5222. In order to be eligible for a Dependent Designated Place move, the member must be assigned to: Unusually Arduous Sea Duty {eligible commands can be found in OPNAVINST 4650.17), or an unaccompanied tour OCONUS (CONUS = continental 48 states, OCONUS = outside of continental 48 states). OPNAV N130 still remains the approving authority for ALL Designated Place requests to OCONUS non-foreign and foreign locations. Note: OCONUS foreign location requests will only be approved if the member's spouse was born in the requested location. Approval of non-foreign OCONUS designated place locations {i.e. HI, AK, PR, VI, GU, Samoa) will only be approved for locations to which family ties (such as a HOR, PLEAD, or home ownership) exist. d. On 13 October 2013, Petitioner’s child was born (). e. On 5 October 2016, Petitioner entered active duty. f. In accordance with reference (c), FSA-R is payable when the member’s dependents do not live in the vicinity of the member’s homeport/PDS, and their transportation to or near the PDS is not authorized at government expense (see paragraph 270401). g. In accordance with reference (d), monthly rent is the amount paid per month by a member for possession and use of private sector housing. The term “private sector housing” includes a mobile home or boat. The rent stated in the lease or as otherwise agreed to by the landlord and the tenant in a written document must be used in computing the OHA. If a member and/or dependent live(s) with relatives or friends (i.e., jointly occupies) in a dwelling owned by the relatives or friends, the rent amount is zero, even if there is a lease or written document. This restriction does not apply, when the member/dependent leases lodging from a relative or friend with a bona fide, standard written lease, in those instances when the relative or friend concerned does not jointly occupy the leased house or apartment and the friend or relative is in the business of renting on a regular basis the lodgings involved. There is no authority to pay MIHA or the utility/maintenance allowance when living with relatives or friends. h. On 14 February 2017, Petitioner was issued official modification to change duty orders (BUPERS order; 3086) detaching in December 2016 from to . i. On 23 February 2017, Petitioner arrived to for duty. j. On 7 March 2017, paid the sum of $38,161.00 for the same property. k. On 20 July 2017, Petitioner began receiving BAH DIFF (Basic Allowance for Housing – Differential) effective 23 February 2017 to 19 August 2019. l. 9 December 2017, a lease agreement between Petitioner (tenant) and (landlord) effective 23 February 2017 to 31 December 2019 for the same property. m. On 17 July 2018, Petitioner was issued official change duty orders (BUPERS order: 1988) detaching in January 2019, to for duty. n. On 24 August 2019, Petitioner married a service member (). o. On 16 September 2019, Petitioner submitted a special request/authorization requesting permission to receive OHA based on dependent location at . effective 23 February 2017, and was approved by cognizant authority on 26 September 2019. p. On 25 September 2019, Petitioner was issued official modification to homeport shift orders (BUPERS order: 2669) detaching in April 2020 from to . Effective date of homeport change to is 30 April 2020. Promulgation date was 1 September 2019. q. On 26 September 2019, Commanding Officer, notified Chief of Naval Operations (N-130C), stating the following: “ executed PCS orders to USS home-ported in . Service member is a single parent with custody of child (Son) residing with service member's mother in . Service member arrived at USS on 23 February 2017. Service member recently married on 24 August 2019.” r. On 10 December 2019, Petitioner began receiving OHA effective 25 November 2019 to 1 February 2020 at the location. s. On 15 January 2020, Petitioner began receiving FSA (Family Separation Allowance) effective 15 November 2019 to 30 March 2020. t. On 2 February 2020, Petitioner’s child arrived to from . u. On 20 May 2020, Petitioner began receiving BAH at the with-dependent , rate effective 2 February 2020 to 29 June 2020. v. On 11 July 2020, Petitioner began receiving BAH at the with-dependent rate effective 30 June 2020 to present. CONCLUSION Upon review and consideration of all the evidence of record, and especially in light of the contents of reference (e), the Board finds the existence of an injustice warranting the following partial corrective action. The Board concluded that there is no court documentation regarding the custody of Petitioner’s son for the period in question. The son was residing with Petitioner’s mother in and Petitioner was receiving BAH-DIFF, which is paid to members who are paying child support. Furthermore, Petitioner submitted a lease for the property where her mother was residing, listing her mother as the landlord. The lease was unsigned by Petitioner, it was not notarized, and it was backdated. Finally, the Board concluded that Petitioner was entitled to FSA from the date she entered active duty through 30 April 2020 because she was on unusually arduous sea duty. RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: Petitioner was authorized FSA from 5 October 2016 to 30 April 2020. 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. That part of the Petitioner's request for corrective action that exceeds the foregoing is denied. Petitioner requested OHA at the dependent’s location , from 23 February 2017 to 1 February 2020. There is no documentation regarding custody of her child and the lease that Petitioner provided was unsigned by her and backdated by the landlord (her mother). 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.