DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSEROAD. SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 129-18 Jan 07 2019 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Ref: (a) 10 U.S.C. §1552 Encl: (1) DD Form 1.49 of 19 Dec 17 (2) NAVPERS 1070/602 of 12 Jan 15 (3) BUPERS Order 1816 of29 Jun 16 (4) BUPERS Order 2217 of 9 Aug 17 (5) NAVPERS 1070/602 of 18 Sep 17 (6) DD Form 1561 of 25 Sep 17 (7) CO, ltr 7220 Ser SSN761/202 of 25 Sep 17 (8) OCNO ltr 7220 Ser N130C4/17U1887 of 7 Dec 17 (9) History of Assignments of 25 Apr 18 (10) OCNO memo 7220 Ser N130C6/18U120 1 of 18 Jul 18 (11) Petitioner's Rebuttal Statement of 8 Aug 18 l. 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 modify his Homeport Shift Orders (BUPERS ) by removing authorization for his dependents' transfer to . 2. The Board, consisting of , revivewed Petitioner's allegations of error and injustice on 17 August 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 (11), 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. ln accordance with Department of Defense Financial Management Regulation (DoDFMR), Volume 7A, entitlement to FSA is only authorized when dependents do not reside in the area of the member's homeport/permanent duty station (PDS), and transportation to or near the PDS is not authorized at government expense. c. Petitioner signed NAVPERS 1070/602, Dependency Application/Record of Emergency Data, on 12 January 2015, certifying that his dependents resided in . See enclosure (2). d. On 29 June 2016, Petitioner received Homeport Shift orders (BUPERS Order 1816), relocating from to . The orders authorized the transfer of Petitioner's four dependents. See enclosure (3). e. On 9 August 2017, Petitioner received Change of Duty orders (BUPERS Order 2217) returning him to the area. See enclosure (4). f. Petitioner signed NAVPERS 1070/602, Dependency Application/Record of Emergency Data, on 18 September 2017, indicating it was being updated upon permanent change of station transfer per BUPERS Order . His dependents maintained their address in . See enclosure (5). g. Petitioner submitted DD Form 1561, Statement to Substantiate Payment of Family Separation Allowance (FSA), on 25 September 2017. The request was approved by the Commanding Officer, , the same day and forwarded to Personnel Support Detachment (PSD), for processing with an endorsement explaining that Petitioner was not authorized to relocate his dependents to , as a result of receiving orders back to See enclosures (6) and (7). h. Petitioner's request was denied by OPNAV (N130C) on 7 December 2017 as a result of Petitioner not meeting the eligibility criteria outlined in DoDFMR, Volume 7A. See enclosure (8). i. Petitioner detached on 2 October 2017. See enclosure (9). j. On 18 July 2018, Navy Pay and Compensation (OPNAV (N130C6)) provided an advisory opinion (AO) to enclosure (1). OPNAV (N130C6) recommended disapproval of Petitioner's request based on his Homeport Shift orders containing a line of accounting to move dependents, which voids his eligibility to receive FSA-R allowance in accordance with DoDFMR, Volume 7A. See enclosure (10). k. On 8 August 2018, Petitioner provided a statement in response to the OPNAV (N130C6) findings. Petitioner's rebuttal reiterated his assertion that he and his command attempted to have his orders modified to remove dependent travel allowance but were unsuccessful as a result of system constraints. See enclosure (11). CONCLUSION Upon review and consideration of all tbe evidence of record, the Board finds the existenc of errors and injustices, and unanimously concluded the Petitioner's request warranted favorable corrective action. The Board placed considerable weight on enclosure (7), whereby Petitioner's commanding officer rescinded his ability to relocate dependents. The commanding officer notes that " was scheduled to transfer in March 2017 and it was in the best interest of the ship and the government not to move his dependents and household good due to his follow on orders taking him back to ." RECOMMENDATION That Petitioner's naval record be corrected where appropriate to show that: Petitioner s Homeport Shift Orders (BUPERS ) were issued on 29 June 2016 without travel and transportation authorization for his dependents. Note: This change authorizes the payment of FSA-R allowance from 1 December 2016 through 1 October 2017. Furthermore Defense Finance and Accounting Service will complete an audit of Petitioners pay records to determine if Petitioner is due any back pay for FSA-R allowances. A copy of this Report of Proceedings will be filed in Petitioners 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 Reviewed and Approved.