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) CNO memo 7220 Ser N130C4/20U0848 of 10 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 receive Basic Allowance for Housing (BAH) at the with-dependent rate prior to retirement. 
                                              
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 16 June 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.  On 24 January 2018, Petitioner’s active duty spouse was issued BUPERS Order 0248. 
 
     c.  On 4 April 2018, Petitioner’s active duty spouse detached her command in . 
 
     d.  On 11 April 2018, Petitioner’s active duty spouse reported to her new command in . 
 
     e.  On 31 August 2018, Petitioner was transferred to the Fleet Reserve. 
 
     f.  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 agreed that Petitioner had custody of the minor child while stationed in  when his active duty spouse was stationed in .  The Board agreed that Petitioner is entitled to BAH at the with-dependent rate from the date his active duty spouse stopped receiving BAH with dependents until his retirement.  The Board finds the existence of an injustice warranting the following corrective action. 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner is entitled to BAH at the with-dependent rate from 1 March 2018 to 31 August 2018 for Naval Base .  Note:  Petitioner’s active duty spouse’s BAH w/dependents stopped on 28 February 2018 for zip code . 
 
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 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 reference (a), has been approved by the Board on behalf of the Secretary of the Navy.