Docket No. 11270-19
Ref:   Signature

From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:    
 
Ref:   (a) Title 10 U.S.C. §1552 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) CNO memo 7431, Ser N130C2/20U0394 of 17 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 credit Basic Allowance for Housing (BAH) at the single rate from July 20, 2018 to October 23, 2018 with back pay in order to remove indebtedness. 
                                              
2.  The Board, consisting of             , reviewed Petitioner’s allegations of error and injustice on June 11, 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.  As an E5 in the U.S. Navy Petitioner was authorized to reside out in town on local economy and receive BAH at the single rate for Permanent Duty Station (PDS) zip code effective January 17, 2018. 
 
     b.  On July 19, 2018 Petitioner was reduced to the paygrade of E4.   
 
     c.  Sometime after February 11, 2019 Petitioner’s pay record was adjusted and Petitioner’s BAH at the single rate for zip code  was stopped effective July 19, 2018 and restarted effective October 23, 2018.  There is no evidence the Petitioner was ever assigned government quarters and notified she was no longer authorized to live out in town prior to the deduction of pay being issued. 

     d.  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 an administrative oversight occurred and the Petitioner was not appropriately directed to return to government quarters after being reduced to E4.  The Board concluded since the Petitioner was authorized to remain living out in town that BAH be authorized for the period in which it was removed from her pay account. 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
On July 19, 2018, the Petitioner submitted the appropriate request to be authorized BAH for E4 under 4 years of service while assigned to sea duty and the Secretary concerned or the Secretarial process approved and authorized her request effective July 19, 2018. 
 
Petitioner’s BAH at the single rate for zip code  is credited for the period of July 20, 2018 through October 22, 2018. 
                                              
A 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 the reference, has been approved by the Board on behalf of the Secretary of the Navy.