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) DoD FMR Vol 7a Chap 26 (c) NAVADMIN 101/10 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 the Board for Correction of Naval Records (Board), requesting that his naval record be corrected to establish Petitioner’s Basic Allowance for Housing (BAH) at the old Permanent Duty Station (PDS) zip code due to Close Proximity Move during transfer to PDS zip code 2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 4 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. Per reference (b), ordinarily a housing allowance is paid based on the service member’s PDS or the home port for a service member assigned to a ship or afloat unit. When a service member is ordered on a PCS between PDSs located in proximity to each other, housing allowances continue when the service member continues to commute from the residence occupied while at the old PDS. The housing allowance continues from the time between the service member’s detachment from the old PDS and reporting to the new PDS, unless otherwise prohibited. If a service member is reassigned under the conditions of a low-cost or no-cost PCS and is not authorized an Household Goods (HHG) move, the housing allowance is based on the old PDS under the following conditions: a. The service member requested the old PDS housing allowance. b. The service-selected decision process determines that it would be inequitable to base the service member’s allowances on the housing cost in the service member’s new PDS area. 4. Reference (c) states to qualify for BAH based on the previous PDS, the following provisions must be met: a. Funding for a HHG move must not be authorized. The current Order writing system automatically assigns HHG funding to a member's Orders when the previous PDS and new PDS are more than 30 miles apart. In these cases, members would not be eligible to receive BAH based on the previous PDS. However, these members can request through their Detailers to remove that funding line to become eligible for BAH based on the previous PDS. This removal must be completed prior to the Member executing the orders or no authorization/approval for BAH based on the previous duty station can be granted. There is no retroactive Approval process or waiver for granting BAH at the previous PDS if orders are executed that include HHG funding authorization. 5. 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 10 September 2019, while assigned for duty with and receiving BAH at the with dependent rate for PDS zip code , Petitioner received modification for BUPERS Order 0789 change of duty orders stating. “These orders are issued without accounting data which carries no authority in fund travel/transportation allowances/Household Goods Shipment.” Petitioner and family residence in . b. On 26 September 2019 Petitioner transferred from to . c. On 14 October 2019 Petitioner joined for duty with . BAH at the with dependent rate changed to PDS zip code effective this date. Petitioner’s family residence remains in . d. On 15 January 2020 Commanding Officer, signs letter requesting BAH based on previous PDS under provisions of a Close Proximity Move. e. As of 24 February 2021 the Petitioner’s record reflects the family residence remains in . 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 determined since the Petitioner’s BUPERS Order was issued without authorization of a HHG move prior to the execution of those orders and the Petitioner qualified to maintain BAH at the previous PDS close proximity. The Petitioner failed to request that BAH authorization per reference (b) until after the execution of the orders, therefore, no administrative error existed. However, the Board concluded that since the Petitioner was not authorized HHG move and the location of the family residence had not changed relief is warranted. RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: Prior to 26 September 2019 Petitioner requested to maintain BAH based on previous PDS under provisions of Close Proximity and it was approved. Effective 14 October 2019 upon joining Petitioner’s BAH at the with dependent rate is continued and old PDS zip code . Note: The Petitioner must be made aware of the provisions of reference (c) on the requirements to maintain a continuous residence. A copy of this Report of Proceedings will be filed in Petitioner’s naval record. 6. 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. 7. 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.