DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 6190-20 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD Ref: (a) Title 10 U.S.C. § 1552 (b) The Joint Travel Regulations (JTR) 2017 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 show Petitioner received dislocation allowance (DLA). 2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 13 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. On , Petitioner’s first child was born. c. On , Petitioner’s second child was born. d. On 31 May 2013, Petitioner got divorced. e. On 1 January 2016, Petitioner began to receive OHA at the with-dependents rate for . f. On 16 December 2016, Petitioner was advanced to Petty Officer Second Class/E-6. g. In accordance with reference (b), the purpose of DLA is to partially reimburse a member, with or without a dependent(s), for the expenses incurred in relocating the member's household: 1. On a PCS, 2. On a housing move ordered for the Gov’t’s convenience (par. 5446-A), or 3. Incident to an evacuation (pars. 6060 and 6115). A member is authorized DLA (73 Comp. Gen. 6 (1993)) if the member: 1. Has no dependent (NOTE: DLA at the without dependent rate is payable under par. 5442-P to a member, who is a member with dependents for housing purposes solely because the member is paying child support.), and 2. Is assigned to permanent duty aboard a ship, and 3. Elects not to occupy assigned shipboard Quarters for a member above the grade of E-5 or is authorized BAH for a member in the grade of E-5 or E-4 as appropriate, and 4. Occupies private sector housing ashore. h. On 8 March 2017, Petitioner was issued official homeport shift order (BUPERS order: 0677) detaching in July 2017, with an effective date of 4 July 2017 from . Promulgation date was 1 January 2017. i. On 24 April 2017, Petitioner’s DD Form 1299 (Application for shipment and/or storage of personal property) was prepared and was signed on 26 April 2017. Pickup address was , with a destination of . j. On 27 April 2017, a U.S. Government Bill of Lading was prepared listing the following transportation company Tri-Star International Forwarding, Inc. for shipment of HHG. k. On 18 May 2017, Petitioner’s NAVPERS 1336/3 (Special request/authorization) requesting to live off base in and to receive DLA and BAH was approved. l. On 1 August 2017, Petitioner was issued a official modification to homeport shift orders (BUPERS order 0677) detaching in September 2017, with an effective date of 4 July 2017 from . Promulgation date was 1 January 2017. m. On 1 September 2017, Petitioner’s OHA stopped. n. On 30 September 2017, Petitioner signed a one year rental agreement effective 1 October 2017. Property located at . o. On 3 October 2017, BAH request form was submitted and approved by cognizant authority. Petitioner began to receive BAH at the with-dependents rate for . 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 Member was ordered to a unit undergoing a change of home port for commissioning and outfitting; a change of home port for overhaul; or a shore unit undergoing a change in ultimate PDS and was eligible for DLA at the without dependents rate. Prior to detaching, Petitioner was authorized to live out in town and receive BAH. RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: Prior to the execution of homeport shift (BUPERS order: ), 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