From:  Chairman, Board for Correction of Naval Records 
To:     Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD ICO   
 
Ref:   (a) Title 10 U.S.C. § 1552 
 (b) NAVADMIN 101/10 of 19 Mar 10 
 
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 received basic allowance for housing (BAH) at previous permanent duty station (PDS) from 8 June 2018 to present. 
                                              
2.  The Board, consisting of  reviewed Petitioner’s allegations of error and injustice on 8 September 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 12 June 2007, Petitioner signed a NAVPERS 1070/602 (Dependency Application/Record of Emergency Data) listing her spouse address as . 
 
     c.  In accordance with reference (b), service members who have not executed their orders are eligible to remove the household goods (HHG) funding from those orders in order to fall under the provisions of a close proximity move and may be eligible to receive BAH based on the previous permanent duty station (PDS).  Furthermore, member should request authorization from the gaining Commanding Officer to receive BAH based on his/her previous duty station.  Gaining Commanding Officers should ensure that member is maintaining a continuous residence and that the commuting distance from that continuous residence is reasonable for the geographic location of the assignment. 
    
     d.  On 20 December 2017, Petitioner received official change duty orders (BUPERS order: 3547).  Furthermore, these orders were issued without accounting data since it appears that it could be executed without cost. 
 
     e.  On 7 June 2018, Petitioner’s BAH at the with-dependent rate for  stopped. 
  
     f.  On 8 June 2018, Petitioner transferred from  and arrived to  on 8 June 2018, for duty.  Furthermore, Petitioner’s BAH at the with-dependent rate for  started.   
 
     g.  On 5 August 2020, Petitioner was provided a mortgage activity statement listing a property address as . 
 
     h.  On 24 August 2020, Petitioner transferred, and arrived to  on 24 August 2020.   Petitioner’s BAH at the with-dependent rate for  was started.  
 
     i.  On 1 September 2020, Commanding Officer, 1st Dental Battalion notified Chief, Naval personnel Command of Petitioner’s request for BAH based on previous PDS under the provisions of a close proximity move. 
 
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’s orders were issued without accounting data.  Furthermore, Petitioner did not move from her residence at her old PDS, and there’s evidence that her Commanding Officer tried to rectify the problem; however, due to administrative oversight a request for close proximity move wasn’t approved prior to the execution of her orders. 
  
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner submitted a request for a close proximity move to his gaining command and it was approved by cognizant authority prior to her transfer on 8 June 2018.   
 
Petitioner was authorized BAH at the with-dependent rate for , from 8 June 2018 to 23 August 2020.   
 
Note: Defense Finance & Accounting Service (DFAS) will complete an audit of Petitioner’s records to determine if Petitioner is due any back pay. 
 
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. 
 
         

 
 

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