DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 7371-20 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Ref: (a) Title 10 U.S.C. § 1552 (b) MCO 1754.48 dtd 20 Sep 10 (c)DoD 7000.14-R FMR Volume 7A Chapter 27 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 authorization for Basic Allowance for Housing (BAH) due to approved Continuation on Location (COL) by Headquarters Marine Corps. 2. The Board, consisting of Ms. Mr. , and Ms. reviewed Petitioner’s allegations of error and injustice on 22 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. In accordance with reference (b), sponsors who qualify and accept COL for their family and agree to an EFM geographic bachelor CONUS PCS assignment must submit an official written waiver request to DC, M&RA (MMIA) to retain basic allowance for housing (BAH) at the location where the sponsor's family resides. In addition, qualified sponsors who accept an EFM geographic bachelor CONUS PCS assignment may be entitled to family separation allowance (FSA), if they meet the criteria outlined in reference (c), Chapter 27. c.In accordance with reference (c), FSA is payable to a member serving in any grade as a member with dependents. The member must meet all general requirements and one of the following conditions… Transportation of dependents is authorized at government expense, but member elects an unaccompanied tour of duty because a dependent cannot accompany the member to, or at that homeport/PDS due to certified medical reasons, regardless of the date on which the member first made the election to serve an unaccompanied tour. d. On 27 June 2014, BAH at the with-dependent rate for started. e. On 28 November 2018, Commandant of the Marine Corps notified Petitioner that his request (Continuation on location) for continuation on location was approved. f. On 29 November 2018, Petitioner transferred from . g.On 30 November 2018, Branch Head, HQMC Finance Branch (RFF) notified Petitioner that his request (Family Separation Allowance (FSA-R) was authorized. Payment of FSA-R beginning on the date of his detachment from Miramar and will continue through the completion of his tour at , unless his dependents relocate to his permanent duty station or relocate away from the approved COL area earlier. h. On 2 December 2018, Petitioner was joined to for duty. i. On 7 December 2018, Commandant of the Marine Corps notified Petitioner that his request (Continuation on location for exceptional family member) to continue the rate of Basic Allowance for Housing at the rate is returned approved effective the date of arrival to his new permanent duty station. j.On 29 June 2019, BAH at the with-dependent rate for stopped. k.On 30 June 2019, BAH at the with-dependent rate for started. l. On 30 September 2020, Petitioner transferred to the Fleet Marine Corps Reserve. CONCLUSION Upon review and consideration of all the evidence of record, and especially in light of the contents of references (b) and (c), the Board finds the existence of an injustice warranting the following corrective action. The Board concluded that Petitioner took all the necessary steps in a timely manner to receive approval to continue to receive BAH at the with-dependent rate for and to receive FSA-R from date of detachment from S through the completion of his tour at. However, due to administrative oversight, Petitioner was not paid appropriately. RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: Petitioner was authorized BAH at the with-dependent rate for , from 2 December 2018 to 30 September 2020. Note: Petitioner continued to receive BAH at the with-dependent rate for after his arrival to ; however, it stopped on 29 June 2019. Petitioner was authorized FSA-R from 29 November 2018 to 30 September 2020. Note: If the member is authorized proceed time or leave enroute then FSA credit starts on the constructive date of detachment from the old PDS (either the actual date of detachment plus days of authorized leave and/or proceed time, or the first day of authorized travel, whichever is later). If the member, on next reassignment, arrives at a station where member does not qualify for FSA, then FSA credit continues through the day before the date on which member arrives at new duty station. If a delay enroute and/or proceed time is authorized and used, then use a constructive date of arrival. Constructive date will be computed by deducting the number of days' leave and/or proceed time authorized and used from the actual date of arrival. 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. Deputy Director 5/25/2021