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) JTR, Ch. 10 
 
Encl:  (1) DD Form 149 w/attachments 
       (2) 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 back pay from September 2017 through December 2019 plus receive Overseas Housing Allowance (OHA) dependent till graduation from college or until age 23, whichever comes first. 
                                              
2.  The Board, consisting of  reviewed Petitioner’s allegations of error and injustice on 14 January 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 16 June 2015, Petitioner reported to European Command (EUCOM) in  for a three year accompanied tour. 
 
     c.  On 19 January 2018, Petitioner was issued BUPERS Order 0198. 
 
     d.  On 15 June 2018, Petitioner detached . 
 
     e.  On 19 July 2018, Petitioner reported to  for a 12 month dependent restricted tour. 
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the board did not agree that Petitioner was entitled to OHA at the dependent location for the duration while stationed at .  It was a personal choice for the dependent to choose to attend college in London and Petitioner was not serving an unaccompanied or dependent restricted tour.  Upon Petitioner reporting to Bahrain for the dependent restricted tour, the Board agreed that Petitioner rated OHA at the dependent location in accordance with reference (b), paragraph 10408A(1).  The Board finds the existence of an injustice warranting the following partial corrective action. 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner is authorized a dependent’s location-based with-dependent housing allowance (OHA) while assigned to a dependent restricted tour effective 19 July 2018.   Note: Petitioner’s dependent’s initial address was  from 9 February 2017 through 24 August 2018.  Petitioner’s dependent’s second address was  9 August 2018 through 7 May 2019.   
 
Note:  Petitioner is required to provide additional leases to her local Personnel Support Detachment to ensure proper entitlements during the dependent restricted tour for determination of any future entitlement. 
 
In so far as Petitioner's request for corrective action that exceeds the foregoing, the Board did not agree with Petitioner’s assertion that she was entitled to OHA at the dependent location while assigned to  to it being an accompanied tour.   
 
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 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 reference (a), has been approved by the Board on behalf of the Secretary of the Navy.