DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No. 1489-20  
Ref:   Signature Date  

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

Ref:  (a) Title 10 U.S.C. §1552 
      (b) Joint Travel Regulations 

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 this Board requesting, in effect, that the applicable naval record be corrected to show Petitioner was eligible and entitled for Basic Allowance for Housing (BAH) and Cost of Living Allowance (COLA) to 31 October 2014. 

2.  The Board, consisting of      , reviewed Petitioner’s allegations of error and injustice on 12 May 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 1 October 2008, Petitioner was commissioned as an Ensign (Limited Duty Officer) in the U.S. Navy. 

c.  On 29 September 2014, the Assistant Secretary of the Navy (Manpower and Reserve Affairs) approved to revert Petitioner to his enlisted status. 

d.  On 31 October 2014, Petitioner was discharged as a Senior Chief/E-8. 

e.  On 27 April 2018, Petitioner was awarded constructive active duty credit from 1 November 2014 to 30 September 2016 and transferred to the Fleet Reserve effective 1 October 2016. 

CONCLUSION 

Upon review and consideration of all the evidence of record, and especially in light of the contents of reference (b), the Board finds the existence of an injustice warranting the following corrective action. The Board concluded that Petitioner was not fully credited with BAH and COLA when adjustments were made by Defense Finance & Accounting Service (DFAS) for the month of October 2014. 

RECOMMENDATION 

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

Petitioner was authorized BAH at the with-dependent rate for       , from 30 October 2014 to 31 October 2014 to include Cost-Of-Living Allowance (COLA) at the with-dependents. 

Note:  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 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 reference (a), has been approved by the Board on behalf of the Secretary of the Navy.