DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD Ref: (a) 10 U.S.C. § 1552 Encl: (1) DD Form 149 of 20 Jun 17 (2) BUPERS Order: 1476 of 26 May 16 (3) Email from Petitioner to of 29 Jun 16 (4) Email from to Petitioner of 5 Jul 16 (5) Lease Agreement of 1 Aug 16 (6) History of Assignments (7) NAVPERS 1336/3, Special Request Authorization of 19 Aug 16 (8) MMPA History generated on 18 Dec 17 (9) OCNO memo 7220 Ser N130C6/18U1235 of 23 Jul 18 (10) Email from Petitioner to BCNR of 5 Sep 18 1. Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that her naval record be corrected to establish Basic Allowance for Housing (BAH) entitlements from 6 August 2016 to 15 December 2016. 2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 7 September 2018 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 enclosures (1) through (10), relevant portions of Petitioner’s naval records, 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. Petitioner received Official Change Duty Orders (BUPERS ORDER: ) to on 26 May 2016. See enclosure (2). c. Petitioner requested guidance from regarding the process to receive BAH/BAS on 29 June 2016. See enclosure (3). d. On 5 July 2016, advised Petitioner that she would receive BAH upon reporting onboard with a lease. See enclosure (4). e. On 1 August 2016, Petitioner signed a three-month lease commencing on 1 August 2016. See enclosure (5). f. Petitioner reported to on 6 August 2016. See enclosure (6). g. Petitioner routed NAVPERS 1336/3, Special Request Authorization, on 19 August 2016 requesting to continue BAH effective 6 August 2016. The request was approved on 1 September 2016. See enclosure (7). h. On 18 January 2017, Petitioner’s BAH without-dependents allowance was entered into the pay system effective 16 December 2016. See enclosure (8). i. Petitioner indicates she was notified on 19 April 2017 that she was not eligible to receive the backdated BAH allowance as a result of transferring from outside the geographic location despite having an approved request. See enclosure (1). j. On 23 July 2018, Navy Pay and Compensation (OPNAV (N130C6)) provided an advisory opinion (AO). OPNAV (N130C6) recommended disapproval of Petitioner’s request based on the following: Navy policy restricts eligibility to berth ashore for single shipboard Sailors E-5 and E-4, contingent upon the approval of their commanding officer. This approval, however, does not constitute and authorization to receive a housing allowance, but simply allows the member to reside off the ship. The shore-based facility commander shall make the determination whether the member will be berthed in single bachelor quarters or entitled to draw an off-base housing allowance. Furthermore, “Based on the provision in reference (a) [OPNAVINST 7220.12], the member reported from a different geographic location and reported onboard, making them a “E-4 shipboard sailor.” See enclosure (9). k. On 5 September 2018, Petitioner submitted a rebuttal to the AO. Petitioner noted that she was “encouraged to keep my apartment until December, if financially possible, so that it would be easier to attain BAH back pay once I became a paid E-5. I could not afford to pay for the apartment. I took out a Navy Marine Corps Relief quick loan, took out a 0% financing credit card, and borrowed from my parent’s retirement fund.” See enclosure (10). CONCLUSION Upon review and consideration of all the evidence of record, the Board finds the existence of error and injustice, and unanimously concluded the Petitioner’s request warranted favorable corrective action. The Board placed considerable weight on Petitioner’s ample documentation confirming her prior communication with the regarding the requirement to obtain BAH, and her approved request upon checking-in. Therefore, the Board determined that a measure of relief is warranted. RECOMMENDATIONS That Petitioner’s naval record be corrected, where appropriate, to show that: Petitioner’s request for entitlement to draw an off-base housing allowance was approved by the shore-based facility commander on 6 August 2016. Petitioner was authorized BAH at the without-dependent rate for , effective 6 August 2016 vice 15 December 2016. Note: Defense Finance and Accounting Service will complete an audit of Petitioner’s pay records to determine if Petitioner is due any back pay for BAH allowances. A copy of this Report of Proceedings will be filed in Petitioner’s naval record. 4. Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(c)), 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. The foregoing action of the Board is submitted for your review and action. Executive Director