DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No. 10811-18 
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 

Encl: (1) DD Form 149 w/attachments 
      (2) CNO memo 7220 Ser 130C1/19U0995 of 13 Jun 19 
      (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 receive back pay for meal deductions from 1 March 2017 to 7 September 2018. 

2.  The Board, consisting of                                                                                                 , reviewed Petitioner’s allegations of error and injustice on 13 January 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.  On 11 April 2015, Petitioner reported to                                        . 

     c.  On 9 June 2016, Petitioner’s request for Basic Allowance for Housing (BAH) and Basic Allowance for Substance (BAS) was approved.

     d.  On 28 February 2017, Petitioner detached and reported the same day to                                                     . 

     e.  On 1 March 2017, Petitioner submitted a request for continuation of BAH and BAS.

     f.  On 25 August 2018, the Commanding Officer,                       approved request. 

     g.  On 7 September 2018, Petitioner was released from active duty and transferred to the Navy Reserve.

     h.  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 partial merit and warrants partial 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 Petitioner completed everything required to continue his BAH and BAS after changing duty stations within the same base in            .  The Board agreed that all the evidence proves Petitioner should not have had all meals deducted except for durations of sea duty.  The Board finds the existence of an injustice warranting the following partial corrective action. 

RECOMMENDATION 

That Petitioner’s naval record be corrected, where appropriate, to show that:
 
Petitioner was credited all BAS meal deductions from 28 February 2017 to 24 August 2018.  Note:  Petitioner’s meal deductions while on sea duty from 19 March through 26 March 2018 and 1 May through 11 May 2018 are correct. 

That part of the Petitioner's request for corrective action that exceeds the foregoing is denied. The Board agreed that the meal deductions while on sea duty are correct. 

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. 

4.  It is certified that 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 reference (a), has been approved by the Board on behalf of the Secretary of the Navy. 


4/17/2020