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 
 (b) Joint Travel Regulations 2017 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) NPPSC memo 5400 of 22 Jun 20 
        (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’s Defense Finance & Accounting Service (DFAS) debt was audited for possible credit of basic allowance for housing (BAH). 
                                              
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 8 September 2020 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.  In accordance with reference (b), a member separating/retiring at a PDS (permanent duty station) outside the U.S. who returns to the U.S. for retirement or separation processing is authorized OHA (overseas housing allowance) (if not assigned Government Quarters) through the day before departing the OCONUS (outside the continental United States) PDS. The day the member departs, OHA is no longer authorized and the member is authorized the BAH rate for the retirement/separation processing location if the member is not receiving a with-dependent housing allowance for dependents residing separately. 
 
     c.  On 26 January 2012, Petitioner got divorced.   
 
     d.  On 28 August 2015, Petitioner arrived to   ,    ,   , for duty. 
 
     e.  On 13 July 2017, Petitioner departed   ,    , and arrived to    ,    .  
 
     f.  On 18 August 2017, Petitioner was discharged from active duty with a separation address of     ,    .  Furthermore, Petitioner was charged with terminal leave from 25 June 2017 to 18 August 2017 (55 days). 
 
     g.  On 24 November 2017, Petitioner received a billing statement from DFAS (Defense Finance and Accounting Service) listing a $4,087.99 debt due to overpayment of a military pay or allowance related cost of Living Allowance and overseas housing allowance. 
 
     h.  On 22 June 2020, the Navy Pay and Personnel Support Center provided an unfavorable advisory opinion to the BCNR which indicated: Petty Officer  was separated from active duty from  effective 18 August 2018 [2017] with a debit on her pay account of $4,084.58.  Furthermore, member is currently having monthly deductions taken from her pay to pay the debt off.  No further action required. 
   
CONCLUSION 
 
Upon review and consideration of all the evidence of record, and notwithstanding the opinion expressed in enclosure (2), the Board finds the existence of an injustice warranting corrective action.  The Board concluded that Petitioner was not entitled OCOLA (overseas cost of living allowance) and OHA upon her departure from ; however, she did rate BAH.  The Board also concluded that an audit is required. 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
DFAS will complete an audit of Petitioner’s records to determine if Petitioner is due any back pay and allowances in addition to BAH. 
                                                             
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 Regulations, 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 the reference, has been approved by the Board on behalf of the Secretary of the Navy.