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 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) OCNO memo 7431 Ser N130C2/19U0916 dtd 3 Jun 19 
        (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 show Petitioner was authorized Overseas Housing Allowance (OHA) effective 1 January 2018 to present. 
 
2.  The Board, consisting of  reviewed Petitioner’s allegations of error and injustice on June 24, 2019 and, pursuant to its regulations, determined that the corrective action indicated 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 20 October 2016, Petitioner was issued official modification to change duty orders (BUPERS order: 2246) dependent restricted.  
 
     c.  On 21 November 2016, Petitioner arrived to for duty. 
 
     d.  On 20 June 2017, Petitioner married.  
 
     e.  On 1 January 2018, Petitioner’s spouse rented a dwelling at   for one year. 
 
     f.  On 18 March 2019, Petitioner was issued official change duty orders (BUPERS order: 0779). 
 
     g.  On 20 March 2019, Petitioner’s request to receive Overseas Housing Allowance at dependent location was forwarded to N130 by his Commanding Officer recommending approval.  
 
     h.  On 26 April 2019, Petitioner transferred. 
 
     i.  On 13 May 2019, Petitioner arrived to for duty.          
 
     j.  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.  When a service member acquires a dependent, for example, through marriage, a with-dependent housing allowance is authorized as of the date the dependent is acquired; however, OHA cannot be paid if there is no rent or purchase expense for housing.  Furthermore, when a service member is assigned at a permanent duty station (PDS) OCONUS and the dependent does not reside at or near the PDS OCONUS, the housing allowance is based on the dependent’s location.  Petitioner’s spouse acquired a leased dwelling in    beginning 1 January 2018.   
 
RECOMMENDATION 
 
In view of the above, the Board directs the following corrective action. 
 
Petitioner was authorized OHA at the with-dependent rate for  from 1 January 2018 to 25 April 2019.   
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.