Docket No. 10199-19  
Ref:  Signature Date  
From: Chairman, Board for Correction of Naval Records  
To:   Secretary of the Navy  

Subj: REVIEW OF NAVAL RECORD 


Ref: (a) Title 10 U.S.C. §1552 
     (b) DODFMR Vol. 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 this Board requesting, in effect, that the applicable naval record be corrected to authorize payment of Family Separations Allowance (FSA) while on Temporary Duty (TEMDU) assignment in from March 31, 2012 to March 16, 2013. 

2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on April 16, 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.  Per paragraph 270301.B of reference (b), the sole dependent is a spouse legally separated or child(ren) in the legal custody of another person.  An exception occurs when the member has joint physical and legal custody of the child(ren) and the child(ren) otherwise would reside with the member at least 14 days each month, for the current assignment.  In such assignment, the member will be considered as a “member with dependents” for FSA entitlement. 

c.  Per paragraph 270203.3 of reference (b), FSA-T – Member is on Temporary Duty (TDY) or Temporary Assigned Duty (TAD) away from the PDS continuously for more than 30 days, and the member’s dependents do not reside at or near the TDY or TAD station. 

d.  On February 11, 2012, Petitioner joined on mobilization orders to Navy Operational Support Center, 

e.  On February 24, 2012, Petitioner divorced from spouse and awarded joint custody.  “Former spouse monthly child support begins on April 1, 2013.  During the period of April 1, 2012 to March 31, 2013, Petitioner’s child support obligation of $308.80/month to dad is waived because mom is deployed to .” Former spouse (father) ordered to pay $494.51 beginning on April 1, 2013. 

f.  On March 31, 2012, Petitioner is joined for TEMDU to .  Dependent children reside with former spouse in 

h.  On May 7, 2013, Petitioner is released from active duty and transferred to 

CONCLUSION 

The Board finds the existence of an injustice warranting the following corrective action. The Board determined the Petitioner was on Temporary Duty from her permanent duty station, from March 31, 2012 to May 7, 2013 and did not receive Family Separation Allowance (FSA), and therefore, concluded the Petitioner was entitled to FSA payment per reference (b). 

RECOMMENDATION 

That Petitioner’s naval record be corrected, where appropriate, to show that: 

Petitioner is entitled and due FSA from March 31, 2012 to May 6, 2013. 

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. 

 copy of this Report of Proceedings will be filed in Petitioner’s naval record. 

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.