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

Docket No. 3845-19  
Ref: Signature Date  

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

Subj: REVIEW OF NAVAL RECORD ICO 

Ref: (a) Title 10 U.S.C. §1552  

Encl: (1) DD Form 149 w/attachments 
      (2) OCNO memo 7431 Ser N130C2/19U1591 of 4 Sep 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 received Basic Allowance for Housing (BAH) from 17 January 2019 to 19 February 2019. 

2.  The Board, consisting of                                                                            , reviewed Petitioner’s allegations of error and injustice on 13 September 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 31 August 2018, Petitioner was issued official homeport shift orders to              ,       effective 17 January 2019, with a promulgation date of 19 June 2018.  

     c.  On 25 October 2018, Petitioner entered a lease agreement at              , effective 1 November 2018.

     d.  On 16 January 2019, Petitioner’s BAH at the without dependents rate  ,        stopped, and on 20 February 2019, BAH at the without dependents rate            ,              started. 

     e.  On 5 March 2019, Petitioner submitted a Single BAH request. 

     f.  On 7 March 2019, Petitioner submitted a Special request/authorization for continuation of single E-5 BAH at  ,           rate.  Request was approved on 8 March 2019.

     g.  On 19 March 2019, Unaccompanied Housing, Naval Base         verified that Petitioner never resided in Unaccompanied Housing at Naval Base          . 

     h.  On 22 March 2019, the Installation Housing Director approved Petitioner’s Single BAH request effective 20 February 2019.

     i.  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.  The Board determined the explanation why the                   Unaccompanied Housing office only backdated the approval date to 20 February 2019 could not be explained.  The evidence provided reflected the Petitioner was residing out in town on the effective date of the Homeport Shift.  The Board concluded the Petitioner’s BAH should have started on 17 January 2019. 

RECOMMENDATION 

That Petitioner’s naval record be corrected, where appropriate, to show that: 

Petitioner was authorized BAH at the without-dependents rate for                    , from 17 January 2019 to 19 February 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. 

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 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. 



1/10/2020