Docket No. 10241-19 
Ref: Signature Date

From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD OF              , USN,  
  
 
Ref:   (a) Title 10 U.S.C. § 1552 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) CNO memo 7220 Ser N130C4/20U0081 of 23 Jan 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 receive Basic Allowance for Housing (BAH) at the with-dependent rate for   dependents location from January 17, 2019 through May 28, 2019. 
                                              
2.  The Board, consisting of                  reviewed Petitioner’s allegations of error and injustice on July 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, found that, before applying to this Board, he exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.  The Board made the following findings: 
 
     a.  Petitioner’s dependents documented as living in     since May 21, 2014. 
 
     b.  On December 19, 2014 Petitioner joined to      while married with dependents.  BAH at the with-dependent rate for   effective this date. 
 
     c.  On January 17, 2019 Petitioner’s BAH at with-dependent rate changed to PDS zip code   effective this date due to a Homeport Shift. 
 
     d.  On April 30, 2019 Petitioner transferred from         for temporary duty in route to ). 
 
     e.  On May 29, 2019 Petitioner joined for duty with ,    at with-dependent at   effective this date. 
 
     f.  On August 30, 2019 Petitioner submits request to receive BAH at dependent location  and instructed he cannot be authorized BAH while in due to commuting daily and advised to submit BCNR for period while in . 
 
     g.  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 determined even though there was no administrative error in the Petitioner’s BAH had he applied in a timely manner the Service could have approved BAH at the dependents rate while he was in .  Therefore, the Board concluded relief is warranted for BAH at the with-dependents rate for dependents location zip code . 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Prior to Homeport Shift effective January 17, 2019 Petitioner applied for and was approved to receive BAH at the dependents location zip code 92805 effective January 17, 2019.  This BAH was continuous until May 28, 2019, the day prior to being joined for duty with       effective May 29, 2019. 
                                                             
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. 
         
9/8/2020

Deputy Director