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

Docket No. 6134-19  
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) Joint Travel Regulations (JTR) 
      (c)  DoDFMR Vol 7A, Chapter 27 

Encl: (1) DD Form 149 w/attachments 
      (2) CNO memo 7431 Ser N130C2/19U2210 of 20 Dec 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 dependents location from October 2016 to September 2017. 

2. The Board, consisting of     , reviewed Petitioner’s allegations of error and injustice on March 20, 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 March 14, 2014, Petitioner is joined to 

c.  Dependent spouse resides with family in 

d.  On April 8, 2016, Petitioner is transferred from 	 for temporary duty       .

e.  On October 13, 2016, Petitioner’s dependent spouse diagnosed with severe medical 	condition in the 

f.  On October 27, 2016, Petitioner is joined for duty with        .  Dependent spouse remains in        .

g. On May 11, 2017, Petitioner’s dependent spouse has transplant surgery in                  . 

h.  On October 6, 2017, Petitioner is transferred from        , after serving one year unaccompanied tour. 

i.  On October 7, 2017, Petitioner is joined to          .  Dependent spouse resides with Petitioner in  .

j.  Petitioner contends that he was originally issued accompanied orders to . His wife never accompanied him to       due to her illness.  He later was able to enroll her to                    the Exceptional Family Member Program (EFMP) and thus his orders were modified from accompanied to unaccompanied orders.  He asserts that the OHA for his wife’s location was not paid due the orders initially being issued as accompanied orders. 

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 does not have merit [OHA only] and warrants unfavorable 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 a partial injustice warranting the following corrective action. The Board determine as stated in enclosure (2) and per reference (b), if the Petitioner’s dependent spouse jointly occupy a dwelling with relatives who own the dwelling, the rent amount is “zero”, even if there is a lease or writing document.  However, the Board determine in review of the Petitioner’s record that no Family Separation Allowance (FSA) was provided to the Petitioner as authorized per reference (c) paragraphs 270203, Table 2701, rules 8 and 9, and paragraph 270041D.  The Board concluded the Petitioner did not warrant relief for his request of OHA, however, relief was warranted for missing entitlement of FSA. 

RECOMMENDATION 

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

Petitioner applied for and was granted Family Separation Allowance (FSA) effective on date of marriage December 21, 2015 through October 6, 2017. 

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.