From:  Chairman, Board for Correction of Naval Records 
To:     Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD OF   
 
Ref:   (a) Title 10 U.S.C. §1552 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) OCNO memo 7431 Ser N130C2/19U1200 of 12 Jul 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 entitled to Basic Allowance for Housing (BAH) at the dependents’ location after approval of an Early Return of Dependent (ERD) request and arrival of dependents to their new location. 
                                              
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 6 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 15 April 2015, Petitioner arrived to . 
 
     c.  On 7 January 2016, Petitioner’s dependents commenced travel to . 
 
     d.  On 8 June 2016, Petitioner’s ERD request was approved by Office of the Chief of Naval Operations. 
 
     e.  On 21 June 2016, Petitioner was notified of his ERD approval.  
 
     f.  On 18 July 2016, Petitioner began to receive BAH at the  rate. 
 
     g.  On 20 March 2018, Petitioner was issued official modification to change duty orders (BUPERS order: 0398). 
 
     h.  On 1 November 2018, Petitioner transferred, and arrived to  on 3 December 2018. 
           
     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. Petitioner’s command failed to retroactively pay him effective 7 January 2016 when dependents arrived to .  
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner was authorized BAH at the with-dependent rate for  from 7 January 2016 to 17 July 2016. 
 
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.