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. 26 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) OCNO memo 7431 Ser N130C2/20U0864 of 11 Jun 20 
        (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 show Petitioner received basic allowance for housing (BAH) based on permanent duty station (PDS) from 4 November 2019 through 8 December 2019. 
                                              
2.  The Board, consisting of  reviewed Petitioner’s allegations of error and injustice on 8 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.  23 May 2019, official new appointment orders (BUPERS order: 1439).  Petitioner was to depart  in November 2019, with an ultimate duty station of  
 
     c.  On 31 October 2019, Petitioner was discharged in order to accept commission or warrant in same branch of service.  
 
     d.  On 1 November 2019, Petitioner was commissioned as an Ensign in the active U.S. Navy.  Furthermore, Petitioner departed   

     e.  In accordance with reference (b), when a PCS order has been issued, the Service member’s family may perform PCS travel at a different time than the Service member.  Unless otherwise authorized or approved, a Service member’s housing allowance is based on the PDS. If authorized or approved through the Secretarial Process, a Service member may be authorized a housing allowance based on the location at which a dependent maintains a permanent residence or the old PDS. Situations that are routinely authorized or approved at a lower level than the Service Secretary are listed in subparagraph 261002.B.  
 
     f.  On 9 December 2019, Petitioner arrived to  for duty.  
 
     g.  On 9 December 2019, Petitioner certified that on 1 November 2019, Petitioner and his dependents arrived to   Furthermore, on 4 November 2019, Petitioner’s dependents began residing at  via DD Form 1351/2 (Travel voucher or sub-voucher.  
   
     h.  On 26 February 2020, Petitioner certified spouse’s address as  via NAVPERS 1070/602 (Dependent application/record of emergency data). 
 
     i.  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 after Petitioner and his family transferred from the old PDS, Petitioner’s family arrived to his ultimate duty station while he was serving in an intermediate activity for temporary duty under instruction. However, Petitioner was not advised to request to be authorized a housing allowance based on the location at which a dependent maintains a permanent residence. 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner’s request to be authorized a housing allowance based on the location at which a dependent maintains a permanent residence was approved. 
 
Petitioner was authorized BAH at the with-dependent rate for  from 4 November 2019 to 8 December 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. 
                                                             
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. 
 
           
1/18/2021
Deputy Director