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

Docket No. 6059-19 
Ref:  Signature Date  

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 N130C2/20U0078 of 24 Jan 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 close proximity move request was approved and he was entitled to Basic Allowance for Housing (BAH) at the previous permanent duty station (PDS) rate. 

2.  The Board, consisting of                                                         , reviewed Petitioner’s allegations of error and injustice on 6 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 19 March 2010, NAVADMIN 101/10 (Clarification to close proximity move policy and eligibility to receive basic allowance for housing based on previous permanent duty station.) was published and stated that service members who have not executed their orders are eligible to remove the household goods (HHG) funding from those orders in order to fall under the provisions of a close proximity move and may be eligible to receive BAH based on the previous permanent duty station (PDS).   

To qualify for BAH based on the previous PDS, the following provisions must be met: funding for a HHG move must not be authorized.  The member must maintain a continuous residence.  The member must commute daily to the new PDS from the same residence. 

To receive BAH based on the old PDS, the member must complete the below steps prior to the execution of orders: Request authorization from the gaining Commanding Officer to receive BAH based on his/her previous duty station.  If approved by the gaining Commanding Officer, the member must send the approval letter to his/her detailer in order to get the HHG funding removed from his/her orders.  Finally, once HHG funding is removed from the orders and the orders are re-issued, the member must take the approval letter and the orders to PSD upon check in to the gaining command to have BAH based on the previous duty station continued. 

     c.  On 18 January 2019, Petitioner’s NAVPERS 1070/602 (Dependency application/record of emergency data) was updated with Petitioner’s dependents new address from                   to                     .   

     d.  On 22 January 2019, Petitioner was issued official change duty orders (BUPERS order: 0229).  The orders listed the following: “Members who receive PCS orders when their old and new permanent duty stations are within close proximity to each other (based on a reasonable commute determined by the gaining CO) may be eligible to receive a close proximity waiver and receive BAH based on their old PDS location.”

     e.  On 15 March 2019, Petitioner submitted a request for BAH for housing provisions of a close proximity move, to his Commanding Officer,                                                (gaining command). 

     f.  On 25 March 2019, Commanding Officer,                                                   forwarded Petitioner’s request to Commander, Navy Personnel Command requesting the removal of the funding for a HHG move.  Petitioner established a residence prior to the date orders were issued.  Petitioner will be commuting daily to his new PDS and the commuting distance is reasonable for this geographic location.

     g.  On 31 March 2019, Petitioner transferred from                                    , with training in route. 

     h.  Petitioner was delayed in route/PCS for 21 days from 8 May 2019 to 28 May 2019. 

     i.  On 29 May 2019, Petitioner arrived to                      for duty.

     j.  On 18 June 2019, Petitioner’s BAH zip code was changed from          to         effective 17 May 2019 (while Petitioner was on leave in route/PCS).

     k.  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.  The Board concluded that Petitioner made an effort to complete the administrative requirements in order to continue to receive BAH at the old PDS.  Due to an administrative oversight, Petitioner executed his orders before they were modified. 

RECOMMENDATION 

That Petitioner’s naval record be corrected, where appropriate, to show that: 

Petitioner’s request for close proximity move was submitted, and was approved by cognizant authority prior to the execution of his orders. 

Petitioner was authorized and continued to receive BAH at the with-dependent rate for                           , from 31 March 2019 (date of transfer) to present.  

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 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. 


6/2/2020