Docket No. 1565-20 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD ICO , USN, XXX-XX- Ref: (a) Title 10 U.S.C. § 1552 (b) DoD 7000.14-R FMR Vol. 7A, Ch. 27 Encl: (1) DD Form 149 w/attachments (2) CNP memo 7220 Ser N130C4/21U0215 of 23 Feb 21 (3) 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 his naval record be corrected to show Petitioner was eligible and received family separation allowance (FSA) throughout two deployments (23 August 2013 to 16 December 2013, and 7 February 2015 to 28 July 2015). 2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 9 March 2021 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), FSA is payable to members with dependents. FSA is payable in addition to any other allowance or per diem, to which a member may be entitled. The member, however, may not receive more than one payment of FSA for the same period, even though qualified for FSA - Restricted (FSA-R), FSA - Ship (FSA-S), and FSA - Temporary (FSA-T). FSA is payable to a member serving in any grade as a member with dependents. The member must meet all general requirements and one of the following conditions: FSA – R The member’s dependents, including dependents acquired after the effective date of Permanent Change of Station (PCS) orders (see Table 27-1 (FSA Commencement Dates), rules 8 and 9), 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). Transportation of dependents is authorized at government expense, but member elects an unaccompanied tour of duty because a dependent cannot accompany the member to, or at that homeport/PDS due to certified medical reasons, regardless of the date on which the member first made the election to serve an unaccompanied tour. FSA - S. The member is on duty aboard a ship, and the ship is away from the homeport continuously for more than 30 days. Note: The dependents are not required to reside in the vicinity of the homeport. FSA - T. The member is on Temporary Duty (TDY) or Temporary Assigned Duty (TAD) away from the PDS continuously for more than 30 days, and the member’s dependents do not reside at or near the TDY or TAD station. This includes members who are required to perform a period of the TDY or TAD before reporting to their initial station of assignment. Members on an unaccompanied tour are entitled to FSA-T for TDY or TAD periods of over 30 continuous days if the member’s dependents do not reside at or near the TDY or TAD station and they do not reside near the PDS as defined in paragraph 270303. c. On 1 April 2011, Petitioner arrived to EODMU 6 for duty, d. On 26 July 2013, Petitioner got married. e. On 9 August 2013, Petitioner was issued a request and authorization for TDY travel of DoD personnel (DD Form 1610) effective 23 August 2013 for approximately 117 days to Military bases not in Kabul, Afghanistan. Petitioner was TDY from 23 August 2013 to 16 December 2013. f. On 3 February 2014, Petitioner transferred. g. On 21 March 2014, Petitioner arrived to MDSU 1 SDUTYCOMP for duty h. On 30 January 2015, Petitioner was issued a request and authorization for TDY travel of DoD personnel (DD Form 1610) effective 7 February 2015 for approximately 2 days to . Petitioner was TDY from 7 February 2015 to 8 February 2015. i. JUMPS LES for the period of 1-31 May 2015, listed FSA start date of 7 February 2015. j. On 8 July 2015, Petitioner was issued a request and authorization for TDY travel of DoD personnel (DD Form 1610) effective 20 July 2015 for approximately 4 days to . Petitioner was TDY from 20 July 2015 to 28 July 2015. k. On 21 August 2015, Petitioner transferred. l. JUMPS LES for the period of 1-30 September 2015, listed FSA stop date of 28 July 2015. m. On 10 February 2021, Commander, notified BCNR that was on deployment from 7 February to 28 July 2015 in support of Exercise BALIKA TAN. created orders for two days to fly him out to meet the and from 8 February to 20 July 2015 and a second set of orders to fly him back home for 20 July to 28 July 2015. MDSU ONE did not create any additional orders to account for his time aboard the two ships since he was not entitled to per diem. n. 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 Petitioner was entitled to FSA during the periods of 23 August 2013 to 16 December 2013, and 7 February 2015 to 28 July 2015. RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: Petitioner received FSA from 23 August 2013 to 16 December 2013. Petitioner received FSA from 7 February 2015 to 28 July 2015. Note: Defense Finance & Accounting Service (DFAS) will complete an audit of Petitioner’s records to determine if Petitioner is due any back pay. Petitioner’s JUMPS LES showed that he received FSA for the period of 7 February 2015 to 28 July 2015. Please verify for possible overpayment. 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.