Docket No. 11451-19  
Ref:  Signature Date  

From:  Chairman, Board for Correction of Naval Records  
To:    Secretary of the Navy  

Ref:  (a) Title 10 U.S.C. §1552 
      (b) NAVADMIN 101/10 

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 Basic Allowance for Housing (BAH) at the old permanent duty station (PDS). 

2. The Board consisting of reviewed Petitioner's allegations of error and injustice on 28 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 29 July 2019, Petitioner was issued BUPERS Order 2109. 

c.  On 12 August 2019, Petitioner detached 

d.  On 19 October 2019, Petitioner reported to Officer Candidate School (OCS) for temporary duty. 

e.  On 28 October 2019, Petitioner was issued BUPERS Order 3109.  

f.  On 4 November 2019, Petitioner detached OCS and reported on 6 November 2019 to 

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, the Board agreed that Petitioner was in a training status and upon his injury, was reassigned to another unit within the same geographical location as his prior unit.  The Board agreed that Petitioner had a very short amount of time to complete the necessary requirements contained with reference (b), and completed it upon his check in on 6 November 2019.  The Board finds the existence of an injustice warranting the following corrective action. 

RECOMMENDATION 

That Petitioner’s naval record be corrected, where appropriate, to show that: 
Petitioner's close proximity move request was approved by cognizant authority prior to his transfer 4 November 2019.  

Petitioner was authorized BAH at the with-dependent rate for 

November 2019 to present.  will no longer be authorized BAH at the old PDS. 

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. 




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