From:  Chairman, Board for Correction of Naval Records 
To:     Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD OF   
 
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 the Board for Correction of Naval Records (Board), requesting that his naval record be corrected to establish Petitioner’s Family Separation Allowance (FSA) from 4 October 2014 through 30 December 2016.   
                                              
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 4 February 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, found that, before applying to this Board, he exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.  The Board made the following findings: 
 
     a.  On 22 May 2011 Petitioner marries dependent spouse while on active duty. 
 
     b.  On 31 July 2014 while permanently assigned for duty at  , ,  Petitioner issued BUPERS Order 2124, Official Change of Duty orders.  Estimated date of departure October 2014 for intermediate activity  ,  for temporary duty under instruction (TEMINS), estimated date of arrival 18 October 2014.  Dependents transportation or HHG move not authorized for temporary duty.  Estimated date of departure 19 December 2014 for ultimate activity to report not later than 11 January 2015 to , homeport   , .  Projected Rotation Date (PRD) 1701, two year tour. 
 
     c.  On 16 October 2014 Petitioner transferred from parent command and joined for TEMINS (Student) by ,  effective 18 October 2014. 

     d.  On 16 November 2014 Petitioner notified via email correspondence from   Command Career Counselor that   is remote location and dependents are not authorized.  He has spoken to detailer in attempt to get orders modified to Division Headquarters area so dependents may accompany Petitioner. 
 
     e.  On 1 December 2014 Petitioner notified detailer could not re-route to  due to 3 year obligation requirement in which the Petitioner did not have. 
 
     f.  On 19 December 2014 Petitioner transferred from , .  No payment of FSA was made to Petitioner while attending as a Student with  , . 
 
     g.  On 14 January 2015 Petitioner departs  for via American Airlines.  No other travelers accompany Petitioner. 
 
     h.  On 16 January 2015 Petitioner joined to the , .  Petitioner’s Basic Allowance for Housing (BAH) at the with dependent rate changes from previous PDS ,  to  effective this date.  Petitioner’s NAVPERS 1070/602 reflects dependent spouse and children reside in . 
 
     i.  On 26 May 2015 Petitioner sends email correspondence to representative for Navy 3D MarDiv inquiring when BAH and FSA is to be paid. 
 
     j.  On 3 December 2016 Petitioner transferred from  .  Petitioner received BAH at dependent zip code  during entire tour at .  No payment of FSA was made during tour. 
 
     k.  On 30 December 2016 Petitioner joined for duty under instruction with   effective this date.  Petitioner provides copy of letter to BCNR.  Letter from  to  stating Petitioner entitled FSA from 4 October 2014 to 30 December 2016.  The correspondence does not contain a date letter effective. 
 
     l.  On 5 April 2017 Petitioner initiates Transaction Online Processing System (TOPS) requesting FSA.  This request is closed effective 15 May 2017 stating next option available to member is BCNR. 
 
     m.  On 5 June 2017 BUPERS N130 representative sends Petitioner email response indicating orders received met Appendix Q of reference (b) for an unaccompanied tour. 
                                
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 even though Petitioner’s BUPERS Order 2124 does not specifically state the orders are “unaccompanied” the fact that the orders contained only a tour assignment period of 2 years vice 3 years needed for “accompanied” orders and  FSA was not paid during periods in which entitled per reference (b), relief is warranted. 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Family Separation Allowance (FSA) authorized during dependent restricted travel to temporary duty at  and  from first day of authorized travel in October 2014 through day prior to date on which the Petitioner arrives at new duty station in  December 2016.   
 
Note:  If delay enroute is authorized and utilized then use constructive date of arrival by deducting the number of days leave from actual date of arrival.  See appropriate paragraphs and tables of reference (b) dated 2015 and 2016.  
                                                             
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.