Docket No. 6207-19  
Ref:  Signature Date  
From: Chairman, Board for Correction of Naval Records  
To:  Secretary of the Navy  

Subj: REVIEW OF NAVAL RECORD 


Ref:  (a) Title 10 U.S.C. §1552 (b) DODFMR  
Encl: (1) DD Form 149 w/attachments 
      (2) CNO memo 7220 Ser N130C1/20U of 23 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 be reimbursed Family Separation Housing – Overseas (FSH-O) for your spouse’s time living in January 2018 to June 2019 and to receive dependent Cost of Living Allowance (COLA) while stationed in . 

2.  The Board, consisting of reviewed Petitioner’s allegations of 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 30 October 2013, Petitioner reported to his first permanent duty station (PDS) in 

c.  On 19 January 2018, Petitioner acquired a dependent through marriage while deployed to 

d.  On 25 June 2018, Petitioner was issued BUPERS Order 1768. 

e.  On 28 December 2018, Petitioner reported to the new permanent duty station in . 

f.  On 4 June2019, Petitioner’s dependent arrived CONUS. 

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 agreed that Petitioner rated Overseas Housing Allowance (OHA) at the with dependent rate for his dependent location while stationed in .  The Board noted that Petitioner did not provide any evidence that Petitioner was authorized to live out in town at the PDS in However, the Board noted that the paperwork dated 6 November 2018 is unclear and misleading but does state Petitioner’s intent to live off base and the request was submitted for the purpose of FSH-O. The Board agrees that FSH-O should be paid at Petitioner’s location in accordance with reference (b) due to him being in receipt of OHA single while stationed in .  Lastly, the Board does not agree that 

Petitioner rates any additional COLA at the PDS due to dependents not located at PDS. 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 at the dependent location of 19 January 2018 to 29 November 2018.  Note:  Petitioner executed BUPERS Order on 30 November 2018 and reported on 28 December 2018 to command in . 

Petitioner is entitled to FSH-O at the without-dependent rate from 19 January 2018 to 29 November 2018 for .  

In so far as Petitioner's request for corrective action that exceeds the foregoing, the Board concurred with the advisory opinion. Petitioner does not rate any additional COLA due to no area clearance submitted for command sponsorship.  

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.