Docket No. 11210-19
Ref:   Signature Date 
 
From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:  REVIEW OF NAVAL RECORD ICO , USN, XXX-XX-  
 
Ref:   (a) Title 10 U.S.C. § 1552 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) CNP memo 7220 Ser N130C4/20U0173 of 4 Feb 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 was entitled to basic allowance for housing (BAH) while in C-School and that he was entitled to basic allowance for subsistence (BAS) that was erroneously deducted from his LES starting in January 2017.   
                                              
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 17 November 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.  On 23 July 2013, Petitioner entered active duty. 
 
     c.  On 16 June 2016, Petitioner was advanced to E-4. 
 
     d.  On 15 July 2016, Petitioner was approved for BAH at the without-dependent rate effective 2 August 2016.  Furthermore, Petitioner begin receiving BAH at the without-dependent rate for . 
 
     e.  On 23 September 2016, Petitioner was issued official change duty orders (BUPERS order: 2676).    
     f.  On 1 December 2016, Petitioner transferred from  
 
     g.  On 7 January 2017, Petitioner’s BAH at the without-dependent rate for ,  stopped. 
 
     h.  On 8 January 2017, Petitioner was attached to  for temporary duty under instruction.  Furthermore, BAH at the without-dependent rate for   was started. 
 
     i.  On 22 March 2017, Petitioner departed from .  
 
     j.  On 3 April 2017, Petitioner arrived to  for duty.  Furthermore, Furthermore, BAH at the without-dependent rate for   stopped.  
 
     k.  On 2 May 2017, Petitioner got married.  Furthermore, BAH at the with-dependent rate for  was started.  
 
     l.  On 16 April 2019, Petitioner was advanced to E-5. 
 
     m.  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 partial 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 partial corrective action.  The Board concluded that Petitioner’s financial record shows that he received BAH from 2 August 2016 to 3 April 2017.  Furthermore, Petitioner was entitled to BAS but was erroneously deducted meals periodically during the period of 8 January 2017 to 28 April 2019; however, the Board was unable to determine if Petitioner was deployed for those days.    
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner was entitled to BAS during the period of 8 January 2017 to 28 April 2019 except for any period of deployment.    
 
That part of the Petitioner's request for corrective action that exceeds the foregoing be denied. 
Petitioner properly received BAH at the without-dependent rate from 1 December 2016 (departure from duty station) to 3 April 2017 (arrival to duty station). 
 
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.