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

Docket No. 5033-19  
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) DODFMR, Vol 7A 

Encl: (1) DD Form 149 w/attachments 
      (2) CNO memo 7220 Ser N130C4/20U0242 of 22 May 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 retroactive Family Separation Housing (FSH-O) from February 2016 to October 2016. 

2.  The Board, consisting of             , reviewed Petitioner’s allegations of error and injustice on 26 May 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 10 May 2015, Pettioner arrived at his new permanent duty station in              .  

c.  On 11 February 2016, Petitioner acquired a dependent through marriage. 

d.  On 8 April 2016, Petitioner was issued BUPERS Order 0996. 

e.  On 1 July 2016, Petitioner detached            .

f.  On 1 August 2016, Petitioner reported to                             .  

g.  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 partial merit and warrants partial 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 agrees that Petitioner would normally be entitled to Overseas Housing Allowance (OHA) at the dependent location effective the date of marriage till the day before detaching the PDS.  However, Petitioner’s spouse’s lease did not start until 1 March 2016.  The Board agreed Petitioner rates FSH-O from the date of his marriage to the day before he executed his BUPERS Order.  Lastly, Petitioner does not rate FSH-O effective the day of execution of his BUPERS Order.  The Board finds the existence of an injustice warranting the following partial corrective action. 

RECOMMENDATION 

That Petitioner’s naval record be corrected, where appropriate, to show that:
 
Petitioner is entitled to OHA at the with-dependent rate from 1 March 2016 to 30 June 2016 at the 
dependent location; 

Petitioner is entitled to FSH-O at the without dependent rate from 1 March 2016 to 30 June 2016 for location BH001. 

In so far as Petitioner's request for corrective action that exceeds the foregoing, the Board concurred with the advisory opinion. Petitioner is not entitled to FSH-O from 1 July 2016 through the day Petitioner’s dependent arrived in the United States; 20 October 2016, in accordance with chapter 26 of reference (b). Petitioner was afforded travel of dependents in conjunction with his BUPERS Order; however, Petitioner’s dependent did not have the eligible travel entry visa. 
 
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.