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

Docket No. 4142-19  
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) 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 reflect a correction in pay due to divorce.  Petitioner request debt be waived and request the protected rate of $2,022 for single BAH for 2018. 

2.  The Board, consisting of                                                                                  , reviewed Petitioner’s allegations of error and injustice on 2 August 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 27 July 2018, Petitioner submitted a special request/authorization requesting BAH at the without dependents rate.  The request was approved by the command on 2 August 2018, and Unaccompanied Housing, Naval Base            , authorized Petitioner to receive single BAH on 13 August 2018.

     c.  On 3 August 2018, Petitioner certified an administrative remarks (NAVPERS 1070/613), statement of understanding for BAH entitlement.

     d.  On 6 August 2018, Unaccompanied Housing, Naval Base                , certified that Petitioner never resided in Unaccompanied Housing at Naval Base                         , and Naval Medical Center             .
. 
     e.  On 13 August 2018, Petitioner divorced. 

     f.  On 17 August 2018, Petitioner completed a dependency application/record of emergency data (NAVPERS 1070/602).  

     g.  On 2 June 2019, Petitioner was released from active duty and transferred to the Navy Reserve. 

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 partial corrective action.   The Board concluded that the Petitioner’s BAH at the without dependents rate was effective 14 August 2018.  In regards to the request of the debt waiver, Petitioner did not exhausted all administrative means. 

RECOMMENDATION 

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

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

Petitioner was authorized Basic Allowance for Housing (BAH) at the without dependents rate                  in the amount of $2,022.00 effective 14 August 2018 to present, which becomes his protected BAH rate. 

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. 

That part of the Petitioner's request for corrective action that exceeds the foregoing is denied.  

Petitioner has not exhausted all administrative means regarding remission of debt.  Petitioner can submit a DD form 2789 to N130 for action. 

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. 


11/12/2019