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 
 (b) OCNO memo of 24 Apr 18 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) OCNO memo 7431 N130C2/20U0431 of 24 Mar 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 show Petitioner received basic allowance for housing (BAH) at the  rate from 15 April 2019 to 19 June 2019. 
                                              
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 27 October 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.  In accordance with reference (b), in line with paragraph I0412 of reference (a) and reference (b), effective immediately members in receipt of permanent change station (PCS) orders and who have school-aged dependents may request to delay dependents' travel to the new permanent duty station (PDS) in order to allow completion of the current school year. The authority/approval of delayed dependent travel allows for temporary continuation of a housing allowance based on the location at which the dependents maintained a permanent residence, at a previously approved designated place or at the member's old PDS.  Authorization/approval of housing allowance continuation for delayed dependent travel also authorizes a cost of living allowance continuation for the same time period without separate action.  Furthermore, Commander, Navy Personnel Command, Distribution Management and Procedures Branch (PERS-451) will continue to be the approval authority for delayed dependent travel from locations within the continental United States based on school-aged dependents. Military Pay and Compensation Branch will continue to be the approval authority for delayed dependent travel from locations outside the continental United States.  
 
     c.  On 19 December 2018, Petitioner was issued official change duty orders (BUPERS order: 3538). 
 
     d.  On 28 March 2019, Petitioner transferred from the USS  (), , . 
 
     e.  On 15 April 2019, Petitioner arrived to  for duty.  Furthermore, BAH was ran at the  rate. 
 
     f.  On 19 June 2019, Petitioner’s dependents departed  and arrived to  on 13 July 2019.  
 
     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 concluded that Petitioner was improperly counseled on the procedure for requesting a delay of dependent travel, due to school-aged dependents.  Therefore, he was paid BAH for his PDS and not dependents’ location. 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner submitted a request to delay dependents’ travel to the new permanent duty station in order to allow completion of the current school year, and it was approved by cognizant authority prior to 28 March 2019. 
 
Petitioner was authorized BAH at the with-dependent rate for , from 15 April 2019 to 19 June 2019.   
 
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. 
                                                             
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.