DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE  1001
ARLINGTON,  VA  22204-2490

Docket No: 1944-19 
Ref: Signature Date

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

Subj:

Ref:  (a) 10 U.S.C. §1552
      (b) Joint Travel Regulations
  
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 show Petitioner was authorized Overseas Housing Allowance (OHA) based on dependent’s location.

2. The Board, consisting of	reviewed Petitioner’s allegations of error and injustice on May 10, 2019 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 15 December 2017, Petitioner’s future spouse entered a lease agreement

  c. On  December 2017, Petitioner married.

  d. On 23 December 2017, Petitioner began to receive Basic Allowance for Housing (BAH) at the with dependents rate for	.

  e. On 6 February 2018, Petitioner transferred.
 
Subj:

  f. On 9 March 2018, Petitioner’s BAH at the with dependents rate for  stopped.

  g. On 10 March 2018, Petitioner arrived to Marine Corps Base,  for duty.

  h. On 28 March 2018, Petitioner submitted a written request for overseas housing allowance based on dependent location to Assistant Chief of Staff, G-F, Marine Corps Installation . The request was recommended for approval on 6 April 2018 to Director, Military Pay and Compensation Branch .

  i. On 8 November 2018, Petitioner completed an Individual Overseas Housing Allowance (OHA) report. On 19 November 2018, Command Senior Enlisted Advisor, reviewed this action and certified the entitlement, and on 1 December 2018, Housing Officer or Appropriate Officer reviewed and verified Petitioner’s lease agreement and information from it was properly reported.

  j. On 9 March 2019, Petitioner transferred.

CONCLUSION

Upon review and consideration of all the evidence of record, and especially in light of the contents of reference (b), the Board finds the existence of an injustice warranting the following corrective action. The Board determined that the Petitioner was not properly advised concerning the Joint Travel Regulations requirements for Overseas Housing Allowance application and that a Service member with a dependent who serves an unaccompanied/dependent restricted tour see OCONUS or unusually arduous sea duty outside the U.S. is authorized a dependent’s location- based with-dependent housing allowance, or an old PDS-based with-dependent housing allowance if the dependent remained in the residence shared with the Service member before PCS, did not relocate, and is not in Government Quarters.

RECOMMENDATION

In view of the above, the Board directs the following corrective action.

Petitioner was authorized OHA at the  rate based on dependent location from 10 March 2018 through 8 March 2019 (day before departure).

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.

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.