From:  Chairman, Board for Correction of Naval Records 
To:     Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD OF   
  
 
Ref:   (a) Title 10 U.S.C. § 1552 
            (b) DoD 7000.14R FMR Vol. 7A Chapter 26 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) CNP memo 7431 Ser N130C4/20U0865 of 12 Jun 20 
        (3) Subject’s naval record 
 
1.  Pursuant to the provisions of reference (a) Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show Petitioner received Basic Allowance for Housing (BAH) based on his place from which called, or ordered to active duty (PLEAD) vice Permanent Duty Station (PDS).  
                                              
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on August 20, 2020 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), An RC (Reserve Component) member called or ordered to ADT for a period lasting between 31 and 139 days, receives BAH or OHA based on the primary residence at the time called or ordered to ADT beginning on the first day of active duty. An RC member called or ordered to active duty for other than training for a period lasting between 31 and 180 days, except if he or she is without a dependent during initial entry training, is authorized BAH or OHA based on the primary residence beginning on the first day of active duty. This rate continues for the tour duration except as otherwise specified in this chapter.   
 
     c.  On 3 October 2019, Petitioner certified DD Form 93 (Record of Emergency Data) which listed his spouse’s address as . 

     d.  On 10 October 2019, COMNAVPERSCOM message for official Active Duty for Special Work orders for the period of 15 October 2019 to 12 April 2020 departing place from which called to active duty (PLEAD) was published listing . 
 
     e.  On 15 October 2019, Petitioner entered active duty. 
 
     f.  On 7 November 2019, Petitioner certified NAVPERS 1070/602 (Dependency Application/Record of Emergency Data) which listed his spouse’s address as   
 
     g.  On 13 November 2019, Petitioner’s BAH was started at the  rate effective 15 October 2019.  
 
     h.  On 18 December 2019, COMNAVPERSCOM message was published notifying  of active duty for special work modification to amend end date.  Additionally, it listed Petitioner’s address as . 
 
     i.  On 31 January 2020, Petitioner’s BAH was stopped at the  rate.  
 
     j.  On 31 January 2020, Petitioner was released from Active Duty for Special Work (ADSW).  Petitioner’s mailing address after separation on his DD Form 214 (Certificate of Release or Discharge from Active Duty) listed . 
 
     k.  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 finds the existence of an injustice warranting the following corrective action.  The Board concluded that even though Petitioner’s BAH was initially ran correctly, the end date on Petitioner’s orders were subsequently modified, which reduced active duty days to less than 140 days.  Furthermore, Petitioner never used PCS funding and his dependents remained at his PLEAD.   
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner’s Active Duty for Special Work Modification published on 18 December 2019 is null and void. 
 
Petitioner’s Official Active Duty for Special Work orders published on 10 October 2019 were for the period of 15 October 2019 to 31 January 2020 (for less than 140 days).  Furthermore, Petitioner was not authorized PCS (Permanent Change of Station). 
 
Petitioner was authorized BAH at the with-dependent rate for  from 15 October 2019 to 31 January 2020. 
 
Note: Defense Finance & 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.