DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 5645-20 Ref: Signature Date 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) The Joint Travel Regulations (JTR) 2016 Encl: (1) DD Form 149 w/attachments (2) CNP memo 7220 Ser N130C1/20U1307 of 21 Aug 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 corrected to show Petitioner was entitled to and received Dislocation Allowance (DLA) at the without-dependents rate. 2. The Board, consisting of reviewed Petitioner’s allegations of error and injustice on 15 April 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), as used in this Part, "member without dependent(s)" means a member who has dependent(s) authorized travel and transportation allowances under par. 5074, but the dependent(s) does not relocate ICW a PCS (59 Comp. Gen. 376 (1980)). A member without a dependent(s) is authorized DLA when Relocated ICW a PCS to a PDS where Gov’t Qtrs are not Assigned. DLA authority continues to exist if Gov’t Qtrs assignment and occupancy upon arrival at a new PDS is for 60 or fewer days. When calculating the 60 days, exclude days the member is deployed or TDY. In justifiable cases, up to 60 additional days may be authorized/approved by the member’s commanding officer for a maximum of 120 days. c. On 27 September 2016, Petitioner was issued official change duty orders (BUPERS order: ) detaching December 2016 from , to . d. On 17 November 2016, Petitioner certified a NAVPERS 1070/602 (Dependency Application/Record of Emergency Data. Petitioner’s spouse was residing at e. On 30 November 2016, Petitioner’s Travel Advance Summary listed an authorized advancement of $1,852.20 (Member PCS Per Diem -$284.00, Member MALT -$92.53, and DLA -$1475.67). f. On 2 December 2016, a U.S. Government Bill of Lading was prepared listing the following transportation company . for shipment of HHG. g. On 5 December 2016, Petitioner transferred from . h. From 6 December 2016 to 20 October 2017, Petitioner’s HHG was in storage in transit (SIT). SIT contractor was Rogovin Moving and Storage. i. On 8 January 2017, Petitioner’s BAH at the with-dependent rate for stopped. j. On 9 January 2017, Petitioner arrived to for duty. Furthermore, Petitioner’s BAH at the with-dependent rate for was started. k. On 15 February 2017, Personnel Support Detachment (TPC) notified Petitioner of request for repayment of excess travel funds in the amount of $1,485.07. Travel Order number: N0002216CSEL5YD. l. On 17 February 2017, Petitioner’s Travel Advance Summary listed travel settlement of $-1485.07 for DLA ((Member PCS Per Diem -$284.00, Member MALT -$83.13). Petitioner was advanced DLA without-dependents. Petitioner had dependents who reside in PA and never relocated to ultimate PDS. Petitioner could submit a supplemental for dependent DLA once dependent moved to final PDS. m. On 27 March 2017, a Marital Settlement Agreement was drawn and certified by both Petitioner and spouse. n. On 28 July 2017, an Addendum to Marital Settlement Agreement dated 27 March 2017 certified by both Petitioner and spouse. o. On 3 October 2017, Petitioner got divorced. p. On 20 October 2017, Petitioner’s HHG was delivered. q. 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 initially met the requirements for payment of DLA at the without-dependent rate per reference (b); therefore, the advance DLA should not have been debited for reasons given. The Board concluded the Petitioner is entitled to DLA at the without-dependents rate for PCS executed from old PDS in to new PDS in completed in 2017. RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: After the execution of official change duty orders (BUPERS order: ) and settlement of travel, Petitioner was authorized DLA at the without-dependents rate. Note: Defense Finance and 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. 5/20/2021 3