Docket No. 9912-19 
Ref: Signature Date 


This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied.   
 
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 March 2020.  The names and votes of the members of the panel will be furnished upon request.  Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board.  Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, relevant portions of your naval record and applicable statutes, regulations and policies. 

On 8 April 2019, you were issued official change duty orders (BUPERS order: 0989).  On 26 April 2019, you transferred from .  On 29 April 2019, your Basic Allowance for Housing (BAH) for stopped. On 30 April 2019, you arrived to for duty. Basic Allowance for Housing was started for .  On 31 May 2019, Commanding Officer forwarded your request dated 30 April 2019 for Basic Allowance for Housing based on previous duty station under the provision of a close proximity move to Commander, Navy Personnel Command for approval. However, Distribution Policy & Procedures (PERS-451H) could not authorize a close proximity move. 

You requested BAH at the previous duty station rate; the Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions.  However, the Board concluded that NAVADMIN 101/10 (Clarification to close proximity move policy and eligibility to receive basic allowance for housing based on previous permanent duty station.) stated that service members who have not executed their orders are eligible to remove the household goods (HHG) funding from those orders in order to fall under the provisions of a close proximity move and may be eligible to receive BAH based on the previous permanent duty station (PDS).   

To qualify for BAH based on the previous PDS, the following provisions must be met:  funding for a HHG move must not be authorized.  The member must maintain a continuous residence.  The member must commute daily to the new PDS from the same residence. 

To receive BAH based on the old PDS, the member must complete the below steps prior to the execution of orders:  Request authorization from the gaining Commanding Officer to receive BAH based on his/her previous duty station.  If approved by the gaining Commanding Officer, the member must send the approval letter to his/her detailer in order to get the HHG funding removed from his/her orders.  Finally, once HHG funding is removed from the orders and the orders are re-issued, the member must take the approval letter and the orders to PSD upon check in to the gaining command to have BAH based on the previous duty station continued. However, you failed to submit your request in a timely manner.  The Board also concluded that you moved back to your mother’s house.  The BAH that you are receiving based upon your current duty station is correct. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken.  You are entitled to have the Board reconsider its decision upon submission of new matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or considered by the Board.  In this regard, it is important to keep in mind that a presumption of regularity attaches to all official records.  Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.