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

Docket No. 5220-19  
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) JTR 

Encl: (1) DD Form 149 w/attachments 
      (2) CNO memo 7220 Ser N130C1/19U1865 of 10 Oct 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 receive Overseas Housing Allowance (OHA) at the dependent location. 

2.  The Board, consisting of     , reviewed Petitioner’s allegations of error and injustice on 3 March 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 8 July 2017, Petitioner acquired a dependent through marriage. 

c.  On 27 March 2018, Petitioner’s spouse arrived in 

d.  On 15 May 2018, Petitioner submitted a request to receive Basic Allowance for Housing (BAH) at the dependent location. 

e.  On 23 July 2018, the Commanding Officer, Navy Hospital,  endorsed request, recommending approval. 

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 was entitled to OHA and BAH at the dependent location; however, no lease was provided while the spouse was in Uganda.  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 submitted a request for BAH at the dependent location           and it was approved by cognizant authority with an effective date 27 March 2018 through 12 December 2018.
 
In so far as Petitioner's request for corrective action that exceeds the foregoing, the Board concurred with the advisory opinion.  OHA at the dependent location cannot be approved because Petitioner has not provided a lease from the date of marriage upon arrival in CONUS.
   
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.