From:  Chairman, Board for Correction of Naval Records 
To:     Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD ICO , XXX-XX-  
 
Ref:   (a) Title 10 U.S.C. § 1552 
       (b) Joint Travel Regulations Chapter 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 show Petitioner was authorized Basic Allowance for Housing (BAH) at dependents location.   
                                              
2.  The Board, consisting of  reviewed Petitioner’s allegations of error and injustice on 8 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 23 July 2018, Petitioner was issued official change duty orders (BUPERS order: 2048) from with intermediate activities at   
 
     c.  On 21 August 2018, Petitioner was issued official modification to change duty orders (BUPERS order: 2048) from with intermediate activities at  
 
     d.  On 24 September 2018, Petitioner began to receive BAH at the with-dependents rate for  
 
     e.  On 29 September 2018, Petitioner got married.
  
     f.  In accordance with reference (b) [2018], unless otherwise authorized or approved, a Service member’s housing allowance is based on the PDS. If authorized or approved through the Secretarial Process, a Service member may be authorized a housing allowance based on the location at which a dependent maintains a permanent residence or the old PDS. Situations that are routinely authorized or approved at a lower level than the Service Secretary are listed in par. 100902-B. An example of advance travel is the member’s family travels ahead to get settled before school starts. An example of delayed travel is the family remains at the old PDS until the school year ends.  
 
The Secretary concerned may determine that other circumstances may require a dependent to reside separately from the Service member and authorize or approve a housing allowance payment based on either the dependent’s location or the old PDS. If the Secretary concerned determined that an additional reason for a BAH or OHA waiver was acceptable, the Secretarial Process may then be used to authorize or approve individual cases based on that determination. 
 
     g.  On 28 November 2018, Petitioner transferred. 
 
     h.  On 6 December 2018, Petitioner signed a lease agreement with  Marine Corps Base with a commencement date of 12 December 2018 and ending date of 11 June 2019.  The property was located at  
 
     i.  On 7 January 2019, Petitioner arrived to for temporary duty – under instruction. 
 
     j.  On 13 February 2019, Petitioner was issued official modification to change duty orders (BUPERS order: 2048) from with intermediate activities   
 
     k.  From 23 February 2019 to 22 March 2019, Petitioner arrived to for temporary duty – under instruction. 
 
     l.  On 26 March 2019, Petitioner arrived to  for duty.  Furthermore, 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 enclosure (2), the Board finds the existence of an injustice warranting the following corrective action.  The Board concluded that Petitioner married just prior to executing his orders and could have requested to receive BAH at the dependent’s location. The Board concluded that Petitioner and his dependents were allowed to occupy Military leased housing in  and should have been authorized to receive BAH at the with-dependent rate for that location.  
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
Prior to transfer from old PDS, Petitioner’s request to receive BAH at the dependent’s location, near the new PDS, and prior to Petitioner’s arrival was approved by cognizant authority.    
 
Petitioner was authorized BAH at the with-dependents rate for from 12 December 2018 to 25 March 2019.   
                                                             
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. 
 
          
5/11/2021
Deputy Director