From:  Chairman, Board for Correction of Naval Records 
To:      Secretary of the Navy   
 
Subj:    REVIEW OF NAVAL RECORD OF  
             
 
Ref:  (a) 10 U.S.C. §1552 
      (b) Joint Travel Regulations 
                         
Encl:   (1) DD Form 149 w/attachments 
        (2) Subject’s naval record 
        (3) OPNAV N130 memo 7431 Ser N130C2/19U0849 of 24 May 19 
                         
1.  Pursuant to the provisions of reference (a), Petitioner, Commissioned Officer in the Navy, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to reflect Basic Allowance for Housing (BAH) from November 11, 2016 through February 16, 2017 while conducting active duty for training.   
 
2.  The Board, consisting of  reviewed Petitioner’s allegations of error and injustice on July 12, 2019 and, pursuant to its regulations, determined that the corrective action indicated below 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 May 6, 2016, Petitioner was mobilized in support of Basic Allowance for Housing (BAH) was started effective this date at the single rate for zip code .  The Petitioner’s Master Military Pay Account (MMPA) reflects that this allowance ran continuously until December 31, 2016. 
 
      c.  On February 16, 2017, Petitioner is discharged from the United States Naval Reserve in order to accept commission in the same branch of service. 
 
      d.  Petitioner contended that she was issued Personnel Command (PERS) orders for Officer  vice orders because during their issuance she was in mobilized status which made it appear as if she was in the active component of the Navy.  She asserted that due to this discrepancy, she was processed as a New Accession Candidate, instead of a Reservist called to active duty that did not entitle her to BAH. 
 
      e.  In correspondence attached at enclosures (3), the office having cognizance over Petitioner’s request for BAH from November 11, 2016 through February 16, 2017 recommended the Petitioner’s record be corrected to reflect that she was entitled to BAH.     
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting partial relief.  In this regard, the Board concurred with the Advisory Opinion at enclosures (3).  The Board agreed that per reference (b) that a Reserve Component member is authorized BAH based on the primary residence location at the time called/ordered to active duty while attending the accession pipeline.  The records shows that the Petitioner was paid BAH single rate at zip code from May 6, 2016 through December 31, 2016.  The Petitioner was entitled to BAH at the single rate at zip code upon her mobilization on May 6, 2016 and that entitlement continued until her discharge on February 16, 2017.  Therefore, a credit from “January 1, 2017” vice “November 11, 2016” through February 16, 2017 should be applied.   
 
RECOMMENDATION 
 
In view of the above, the Board directs the following corrective action. 
 
The Petitioner’s Basic Allowance for Housing at the Single Rate for zip code was approved from May 6, 2016 through February 16, 2017.  Note: Petitioner was paid BAH at the single rate at zip code from May 6, 2016 through December 31, 2016.    
 
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 Regulation, 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.