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 
            (b) Joint Travel Regulations 
            (c) DoDFMR Vol 7A Chapter 27 
 
Encl:   (1) DD Form 149 of 10 Jul 19 
            (2) NAVPERS 1070/602 of 01 Jul 19 
            (3) Offender information report 
            (4) BUPERS Order 1737 of 22 Jun 17 
            (5) NSIPS History of Assignments 
            (6) CNO memo 7220 Ser N130C4/19U2175 of 11 Dec 19 
            (7) Petitioner’s rebuttal statement 
        (8) 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 authorized Family Separation Allowance from October 2017 to August 2019. 
                                              
2.  The Board, reviewed Petitioner’s allegations of error and injustice on March 27, 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 July 25, 2012, Petitioner married dependent spouse.  See enclosure (2) 
 
     c.  On June 13, 2014, Petitioner’s dependent spouse is convicted of Class B felony.  See enclosure (3) 
 
     d.  On April 1, 2016, Petitioner’s dependent spouse is assigned supervised parole with supervision end date of February 15, 2020.  See enclosure (3) 
 
     e.  On June 22, 2017, Petitioner issued BUPERS Order 1737 for assignment to Unusually Arduous Sea Duty, aboard USS , Homeport change to  effective September 17, 2017.  Estimated Date of Arrival (EDA) 17 Sep 17, Projected Rotational Date (PRD) 1910.  See Enclosure (4)  
 
     f.  Notes of interest from enclosure (4) 
  
          (1) Member advised:  A member may request to leave the dependent(s) at their current location or request to move the dependent(s) to a designated place in lieu of the new home port in connection with this assignment to arduous sea duty. 
 
          (2) Member advised:  Dependents must be found suitable for this overseas assignment to  by successfully completing overseas screening. 
 
          (3)  Member advised:  For members electing an OCONUS unaccompanied tour, OCONUS dependent restricted tour, or OCONUS unusually arduous sea duty assignment and request a designated place for dependents, the OCONUS Commanding Officer can authorize the designated place (and BAH) for those dependents remaining in CONUS, in accordance with OPNAV policy memo dated 29 Jul 2010. 
 
          (4) Member directed:  Service member is ordered to an overseas location in which dependent travel is authorized, and the location requires compliance with overseas screening. 
 
          (5) Detaching command:  Member has orders to an overseas location requires an overseas assignment suitability screening to be performed in accordance with OPNAVINST 1300.14D, BUMEDINST 1300.2A, and MILPERSMAN 1300-300.  If member or dependents are found unsuitable, hold orders in abeyance and notify Commander Navy Personnel Millington TN (PERS-451 and Detailing PERS-Code) and gaining command, underway commands with limited connectivity may respond via Naval Message.  Advise member not to ship household goods and privately owned vehicles until successfully screened. 
 
     g.  On August 14, 2017, Petitioner is transferred from Naval Base,  and joined for Temporary Duty (TEMDU) by Commander, Fleet Activities,  () effective September 21, 2017.  See enclosure (5) 
 
     h.  On October 15, 2017, Petitioner is detached from   and joined for TEMDU by USS   effective October 16, 2017.  See enclosure (5) 
 
     i.  On August 1, 2019, Petitioner is detached from USS  and joined by Commander,  (),  effective September 3, 2019.  See enclosure (5) 
 
     j.  In correspondence attached as enclosure (6), the office having cognizance over the subject matter addressed in Petitioner’s application has commented to the effect that the request has no merit and warrants unfavorable action. 
                                
CONCLUSION 
 
Upon review and consideration of all the evidence of record, and especially in light of the contents of enclosures, the Board finds the existence of an injustice warranting the following corrective action: 
 
The Board determined that it is clear the Petitioner’s dependent spouse was unsuitable for overseas assignment due to federal restrictions and ability to travel outside the United States.  It is unknown if the Petitioner and/or detaching command pursued available avenues of relief as stated on in instructions of enclosure (4).  The Board concluded that due to administrative errors and the assignment to unusually arduous sea duty that the Petitioner be granted full relief. 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Effective August 1, 2017, Petitioner requested and was granted authorization to leave dependent spouse in  due to the assignment of Unusually Arduous Sea Duty.  This assignment was granted and Petitioner authorized entitlements as stated in references (b) and (c).   
 
Petitioner granted a waiver of unusual family circumstances for Family Separation Allowance (FSA). Entitlement to FSA began on September 21, 2017 through August 1, 2019. 
 
Note:  The Board did not address the issue of Housing Allowances due to the absence of such request from the Petitioner. 
 
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.  Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(c)), 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.  The foregoing action of the Board is submitted for your review and action.   
 
                                                                                           6/22/2020 

 
Assistant General Counsel (Manpower and Reserve Affairs) 
           
Reviewed and Approved 
7/1/2020