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) Joint Travel Regulations 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) Subject’s naval record 
 
1.  Pursuant to the provisions of reference (a) Petitioner, a Petty Officer First Class in the Navy, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to reflect Basic Allowance for Housing (BAH) was approved based on previous Permanent Duty Station (PDS) under a Close Proximity move. 
                                              
2.  The Board, consisting of  reviewed Petitioner’s allegations of error and injustice on July 26, 2019 and, pursuant to its regulations, determined that the corrective action indicated below 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 March 9, 2017, Petitioner submits close proximity move request to gaining command located in   Current residence  
 
     c.  On August 21, 2017, Petitioner issued BUPERS Order 2337. 
 
     d.  On November 27, 2017, Petitioner detaches from  
 
     e.  On December 11, 2017, Petitioner joins for duty. 
 
     f.  On January 16, 2018, Petitioner submits BAH Close Proximity move request to BCNR based on residence address  

     g.  On January 16, 2018, Officer in Charge,  submits letter to BCNR, certifying Petitioner is paying child support for dependent son who lives in   and that Petitioner continues to live in and commuting each day. 
 
     h.  On February 28, 2018, Petitioner’s spouse signs lease effective March 1, 2018 for property located at . 
      
     i.  On October 11, 2018, Board grants Close Proximity move docket 614-18.  BAH authorized at old PDS  rate from December 11, 2017 until March 19, 2018 (the date of residence change from 
 per Petitioner’s naval record). 
 
     j.  On November 15, 2018, Petitioner communicates with BCNR staff member with questions concerning March 19, 2018 ending date of BAH approval.  It is explained that evidence presented indicated he had moved from residence  
 
     k.  On November 30, 2018, Petitioner emails BCNR staff member with lease agreement for .. Ave,  commencing on July 4, 2017.  Note: this date was after the Close Proximity move request to the gaining command on March 9, 2017; prior to Petitioner’s detachment effective November 27, 2017, and prior to the Petitioner’s DD 149 submission to the BCNR effective January 16, 2018. 
 
     l.  On November 30, 2018, Petitioner signs divorce decree case number
 of Superior Court of the state of in and for the county of   It states date of separation was agreed to be March 1, 2013 
 
     m.  The Petitioner contented that his close proximity move was approved by his Commanding Officer and that he submitted his close proximity move due to his son being in high school, playing sports, and being enrolled in Exceptional Family Member Program in   The Petitioner asserts that  is not equipped with the right tools for his son’s needs.  The Petitioner asserted that he moved from his residence in , to ,  due to his lengthy and stressful divorce. 
                          
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting relief.  The Board determined that even though there were concerns with the application errors on the Petitioner’s first request to the BCNR, the evidence did support that the Petitioner had established an address at  prior to the receipt and execution of PCS orders on November 27, 2017.   
 
RECOMMENDATION 
 
In view of the above, the Board directs the following corrective action. 
 
Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner’s was authorized BAH for his previous PDS rate of effective December 11, 2017.  Note: In order to continue to qualify for BAH based on the previous Permanent Duty Station (PDS), the following provisions must be met: funding for a Household Goods (HHG) move must not be authorized, the member must maintain a continuous residence, and the member must commute daily to the new PDS from the same residence. 
 
Note: The Board did not determine when the Petitioner’s BAH changed from at the dependent rate to the single rate for   Navy Personnel Command will determine the appropriate effective date of this change. 
 
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 Regulation, 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.