Docket No. 4796-20 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) OCNO ltr 7220 Ser N130C4/10U0593 dtd 29 Jul 10 Encl: (1) DD Form 149 w/attachments (2) OCNO memo 7431 N130C2/20U1342 of 1 Sep 19 (3) 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 received basic allowance for housing (BAH) from 1 October 2018 to 9 March 2020. 2. The Board, consisting of, reviewed Petitioner’s allegations of error and injustice on 3 November 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. In accordance with reference (b), Dependent Designated Place of Residency approvals are authorized by law to allow service members to designate an alternate place of residency for their dependents while assigned to unaccompanied and Unusually Arduous Sea Duty (UASD) billets. Official regulations outlining Designated Place move policy can be found in JFTR U5222. Furthermore, OPNAV N130 is currently the approval authority for all Designated Place requests. Per reference {a), there is no requirement for N130 to act as the approval authority for Designated Place letters within CONUS. A recent review has determined that the value of N130 approval of these packages is outweighed by the administrative burden placed on commands and OPNAV staff, resulting in delayed approval letters for Sailors. Therefore, the authority to approve Dependent Designated Place of Residency moves within CONUS, in accordance with the JFTR, resides with Commanding Officers. c. On 12 March 2014, Petitioner got married in d. On 14 April 2015, Petitioner entered active duty. e. On 23 April 2015, Petitioner certified NAVPERS 1070/602 listing his spouse’s address , f. On 25 June 2015, Petitioner certified NAVPERS 1070/602 listing his spouse’s address as g. On 30 July 2015, Petitioner certified NAVPERS 1070/602 listing his spouse’s address as . h. On 5 November 2015, Petitioner arrived to for duty. i. On 23 November 2015, Petitioner’s MMPA shows BAH at the with-dependent rate for started effective 5 November 2015. j. On 16 November 2016, Petitioner certified NAVPERS 1070/602 listing his spouse’s address as . k. On 13 December 2016, Petitioner’s MMPA shows BAH at the with-dependent rate for started effective 2 November 2016. l. On 9 January 2017, Petitioner certified NAVPERS 1070/602 listing his spouse’s address as . m. On 3 February 2017, Petitioner certified NAVPERS 1070/602 listing his spouse’s address as . n. On 3 June 2017, Petitioner certified NAVPERS 1070/602 listing his spouse’s address as . o. On 24 October 2018, Petitioner’s MMPA shows BAH at the with-dependent rate for started effective 30 September 2018. p. On 15 January 2019, Petitioner submitted a NAVPERS 1336/3 (Special request/authorization) requesting BAH for the period of 1 October 2018 to present. His request was approved by his command on 9 February 2019. q. On 12 February 2019, Petitioner’s MMPA shows BAH at the with-dependent rate for started effective 1 October 2018. r. On 6 January 2020, Petitioner departed duty station, and arrived to on 9 March 2020 for duty. s. On 14 May 2020, Petitioner submitted a NAVPERS 1336/3 (Special request/authorization) requesting BAH for the period of 1 October 2018 to March 2020. His request was approved by his command on 20 May 2020. t. 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 there’s evidence that Petitioner has been paid for the period he requested (1 October 2018 to 9 March 2020). The Board could find no evidence of any BAH paid to Petitioner upon entry to active duty; however, the Board concluded that during the period of 5 November 2015 to 1 November 2016 Petitioner received BAH at the with-dependent rate for . Petitioner’s spouse was in and it is unclear when she returned; however, Petitioner signed NAVPERS 1070/602 on 16 November 2016, listing his spouse’s address as On 13 December 2016, Petitioner’s MMPA shows BAH at the with-dependent rate for 11355 started effective 2 November 2016. RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: Petitioner was authorized BAH at the with-dependent rate for , from 1 October 2018 to 8 March 2020. 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.