From:  Chairman, Board for Correction of Naval Records 
To:     Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD ICO  USN, XXX-XX-  
 
Ref:   (a) Title 10 U.S.C. § 1552 
       (b) DoD 7000.14-R FMR Volume 7A, Ch. 68 
       (c) OCNO ltr 7220 Ser N130C4/10U0593 dtd 29 Jul 10  
 
Encl:   (1) DD Form 149 w/attachments 
        (2) CNP memo 7220 Ser N130C1/20U1628 dtd 21 Oct 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 her naval record be corrected to show Petitioner received overseas housing allowance (OHA) and cost of living allowance (COLA) for dependent location from 9 March 2017 to 1 July 2019.   
                                              
2.  The Board, consisting of  reviewed Petitioner’s allegations of error and injustice on 31 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, 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), when a Service member is assigned to an unaccompanied tour or “unusually arduous sea duty” and a dependent remains at the Service member’s old PDS OCONUS or is at an approved designated place OCONUS, then the Service member is not considered to have a dependent at the unaccompanied or sea-duty PDS. The Service member is eligible for OCONUS COLA or TLA at the with dependent rate for the dependent’s location. 
 
     c.  In accordance with reference (c), OPNAV Nl30 still remains the approving authority for ALL Designated Place requests to OCONUS non-foreign and foreign locations. Note: OCONUS foreign location requests will only be approved if the member's spouse was born in the requested location. 
    
     d.  On 21 July 2012, Petitioner married a  citizen. 
 
     e.  On 17 November 2016, Petitioner was issued official change duty orders (BUPERS order:   Furthermore, service member is ordered to an overseas location in which dependent travel is authorized, and the location requires compliance with overseas screening, dependent entry approval (DEA) and the DOD foreign clearance guide (FCG) prior to order execution. 
 
     f.  On 1 February 2017, Petitioner transferred. 
 
     g.  On 4 February 2017, Petitioner arrived to for temporary duty under instruction.  Furthermore, Petitioner transferred on 14 February 2017. 
 
     h.  On 7 March 2017, Petitioner’s FSA was started.  
 
     i.  On 8 March 2017, Petitioner’s BAH at the with-dependent rate stopped.  
 
     j.  On 9 March 2017, Petitioner arrived to for duty, and Petitioner’s COLA without dependent was started. 
 
     k.  On 5 May 2017, a lease agreement was made between and Petitioner and her spouse for a property located at  for 36 months. Rent was set at $60,000   
 
     l.  On 14 April 2019, Petitioner’s FSH-OHA (BH001) without dependents was started. 
 
     m.  On 13 January 2020, Petitioner signed a NAVPERS 1336/3 (Special request/authorization) requesting BAH/FSA at dependent location:    Petitioner’s request was approved by cognizant authority on 20 February 2020.  
 
     n.  On 16 April 2020, Head, Pay and Allowances Section (N130C) notified Petitioner that  is authorized as the designated place of residency for 
your command sponsored-dependents. This authorization is due to your dependent restricted 
permanent change of station (PCS) orders to Naval Support Activity stationed in  
 
     o.  On 28 April 2020, Petitioner signed a DD Form 2367 (Individual Overseas Housing Allowance (OHA) Report, and it was approved by cognizant authority with an effective date of 5 May 2017.  
 
     p.  On 5 May 2020, a lease agreement was made between  and Petitioner and her spouse for a property located at  24 months.  Rent was set at $60,000  
 
     q.  On 5 May 2020, Petitioner’s OHA () with dependent and COLA () with dependent was started effective 1 July 2019.  
 
     r.  On 17 March 2021, Petitioner’s OHA, COLA, and FSH-OHA stopped.  
 
     s.  On 18 March 2021, Petitioner transferred.   
 
     t.  On 20 March 2021, Petitioner’s FSA stopped.  
 
     u.  On 22 March 2021, Petitioner arrived to for duty under instruction.  Furthermore, Petitioner’s BAH was started at the with-dependent rate.   
 
     v.  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 agreed that even though there is no evidence that unaccompanied orders were issued, Petitioner’s spouse was residing in for the duration of her tour. The Board also concluded that Petitioner was notified by N130, that was authorized as the designated place of residency for her command sponsored-dependents, due to her dependent restricted tour to   
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitiner was issued unaccompanied official change duty orders (BUPERS order: 3226) prior to her transfer.  Furthermore, Petitioner’s request for dependent designated place of residency was submitted in a timely manner and approved by cognizant authority. 
 
Petitioner was authorized BAH at the with-dependent rate for from 9 March 2017 to 4 May 2017.   
  
Petitioner was authorized OHA and COLA with dependent for  from 5 May 2017 to 30 June 2019.  
 
That part of the Petitioner's request for corrective action that exceeds the foregoing is denied.  There was no lease for the period of 9 March 2017 to 4 May 2017; however, BAH was credited.  
 
Note: Defense Finance & Accounting Service (DFAS) will complete an audit of Petitioner’s records to determine if Petitioner is due any back pay and allowances. 
 
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. 
          
4/30/2021
Deputy Director