Docket No: 5924-20
Ref: Signature Date

From:   Chairman, Board for Correction of Naval Records 
To:     Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD OF FORMER MBR , USN, XXX-XX-  
 
Ref:    (a) Title 10 U.S.C. § 1552 
        (b) DoD FMR Vol 7a 
        (c) OPNAVINST 1900.4 
 
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 her naval record be corrected to establish Petitioner’s entitlement to Basic Allowance for Housing (BAH) at the with dependent rate and Involuntary Separation Pay (ISP).   
                                              
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 11 March 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 9 January 2015 Petitioner married active duty  service member and receives BAH at the single rate (member married to member) effective this date for zip code  
 
     b.  On 27 February 2020 Petitioner’s active duty spouse is discharged from the U.S. Navy effective this date.  Petitioner’s BAH record in her master military pay account (MMPA) remains unchanged.     
 
     c.  On 12 August 2020 Petitioner discharged effective this date.  Separation Code HFV (eligible for Half Separations Pay).  Section 18 of DD Form 214 reflects no comments concerning separation / severance pay.  Petitioner’s BAH at the single rate stopped effective this date. 
 
     d.  On 21 February 2021 Defense Finance Accounting Service (DFAS) representative notifies BCNR examiner that Petitioner’s MMPA reflects no record she received half separations pay. 
 
     e.  On 11 March 2021 NAVPERS 93 representative notifies examiner their office did not receive an ISP package for the Petitioner.  Individual Ready Reserve (IRR) affiliation and obligation for involuntary separation pay was processed.  Petitioner was not eligible for Navy Reserve enlistment in IRR.    
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 per references (b) and (c), the Petitioner is entitled to BAH at the “with dependent rate” and “Half” separation pay. 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner credited BAH at the “with dependent rate” vice “single rate” for zip code from 28 February 2020 through 12 August 2020. 
 
Petitioner authorized payment of "Half" Involuntary Separation Pay (ISP) based on her 12 August 2020 discharge and ineligibility to join the Selected Reserve as determined by NAVPERSCOM (PERS-93).   
 
Note:  The aforementioned separation pay will be offset by any Veterans Disability Compensation to which Petitioner is or becomes entitled. 
                                                             
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.