DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 7419-20 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD ICO Ref: (a) Title 10 U.S.C. § 1552 (b) The Joint Travel Regulations (JTR) (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 show Petitioner was entitled to receive Overseas Housing Allowance (OHA) for the last two years since 28 February 2018. 2. The Board, consisting of , 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. On 15 November 2017, Petitioner entered active duty. c. On 21 December 2017, signed a residential lease-rental agreement for the period of 1 February 2018 to 30 January 2019 for a monthly amount of $812.00 located at . Petitioner’s future spouse was not listed as a household member. d. In accordance with reference (b) [2018], OHA Determining Monthly Rent. If a Service member and/or dependent live(s) with relatives or friends (i.e., jointly occupies) in a dwelling owned by the relatives or friends, the rent amount is zero, even if there is a lease or written document. This restriction does not apply, when the Service member/dependent leases lodging from a relative or friend with a bona fide, standard written lease, in those instances when the relative or friend concerned does not jointly occupy the leased house or apartment and the friend or relative is in the business of renting on a regular basis the lodgings involved. There is no authority to pay MIHA or the utility/maintenance allowance when living with relatives or friends. e. 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. The member’s dependents, including dependents acquired after the effective date of Permanent Change of Station (PCS) orders (see Table 27-1 (FSA Commencement Dates), rules 8 and 9), do not live in the vicinity of the member’s homeport/PDS, and their transportation to or near the PDS is not authorized at government expense (see paragraph 270401). f. On 4 January 2018, Petitioner was issued official change duty orders (BUPERS order: ) detaching in January 2018, from and ultimately arriving to for duty in March 2018. g. On 14 February 2018, Petitioner transferred from while on temporary duty. h. On 28 February 2018, Petitioner got married. i. On 2 March 2018, Petitioner arrived to for duty. j. On 13 March 2018, provided a letter stating the following: “ who resides at ., under the section 8 program pays $302.00 while pays $280.00 all in a total of $582 for our monthly rental payment.” k. On 25 May 2018, FSA was started. l. On 19 August 2018, provided a letter stating the following: “To whom it may concern living with us at and she’s helping on the rental payment and her share is $300.00.” m. On 5 December 2018, FSA was stopped. n. Petitioner received FSA from 27 February 2019 to 3 April 2019. o. Petitioner received FSA from 20 May 2019 to 1 November 2019. p. On 26 August 2020, Petitioner was issued official change duty orders (BUPERS order: ) detaching in November 2020, from and arriving to for temporary duty with a EDD of 3 December 2020. q. On 9 July 2020, FSA was started. r. On 31 August 2020, Commanding Officer, notified OIC, Navy Pay and Personnel Support Center Detachment, that Petitioner’s request for designated place of residency was approved. BAH based on dependent’s location at was authorized due to Petitioner serving an unaccompanied tour, effective 2 March 2018. s. On 22 October 2020, FSA was stopped. t. On 6 November 2020, Petitioner transferred. u. On 24 November 2020, signed a residential lease-rental agreement for the period of 24 November 2020 to 11 November 2021 for a monthly amount of $812.00 located at . Petitioner’s spouse was listed as a household member. v. On 2 March 2021, Petitioner was issued official change duty orders (BUPERS order: ) detaching in March 2021, from and arriving to for duty with an EDA of 21 April 2021. w. On 8 April 2021, Petitioner arrived to for duty. 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 partial corrective action. The Board concluded that Petitioner was entitled to BAH at the with-dependent rate for from date of marriage to prior to his arrival to , . Although Petitioner received approval for BAH at his spouse’s location in due to his unaccompanied orders, he was not entitled to BAH because his spouse was residing in . The Board concluded that Petitioner was also not entitled to OHA because his spouse resided with her uncle and helped him pay rent for a dwelling he was leasing. However, the Board concluded that Petitioner was eligible for FSA due to his unaccompanied orders and that he did receive FSA for some periods during that time, but not for all of it. RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: Petitioner was authorized BAH at the with-dependent rate for , from 28 February 2018 to 1 March 2018. Petitioner was authorized FSA-R from 28 February 2018 to 7 April 2021. Note: Defense Finance and Accounting Service (DFAS) will complete an audit of Petitioner’s records to determine if Petitioner is due any back pay and allowances. Petitioner was credited with FSA for several periods during that time. 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. 5/25/2021