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

Docket No. 8199-19  
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 
     (b) Joint Travel Regulations  

Encl: (1) DD Form 149 w/attachments 
      (2) 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 request for delayed dependents travel was submitted and approved, and that Petitioner was authorized Basic Allowance for Housing (BAH) at the with-dependent rate for                               from 29 August 2014 until they vacated government quarters. 

2.  The Board, consisting of          , reviewed Petitioner’s allegations of error and injustice on 14 May 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 3 July 2014, Petitioner received official change duty orders (BUPERS Order: 1844) to USS                             , at                 ,              .  Furthermore, the USS            conducted a homeport change to                 ,    and a crew swap with USS                to be located in                     ,          .

     c.  On 25 August 2014, Petitioner transferred from        ,       ,    . 

     d.  On 29 August 2014, Petitioner arrived to USS                       CVN     for duty.

     e.  On 9 December 2014, Petitioner received a Family Entry Approval. 

     f.  On 13 February 2015, Petitioner’s family vacated government quarters from                ,    . 

     g.  On 31 August 2015, Petitioner arrived to USS                CVN    for duty.

     h.  On 27 September 2017, Petitioner vacated government quarters from       Housing. 

     i.  On 1 October 2017, Petitioner transferred to          ,         ,       .

     j.  On 31 January 2019, Petitioner retired from the U.S. Navy.

     k.  On 29 April 2019, Petitioner received from DFAS a BAH debt ($55,160.05) due to an overpayment of Basic Allowance for Housing from 29 August 2014 to 30 September 2017. 

CONCLUSION 

Upon review and consideration of all the evidence of record, and especially in light of the contents of reference (b), the Board finds the existence of an injustice warranting the following corrective action.  The Board concluded there was an administrative failure to request and approve delayed travel of dependents prior to Petitioner executing travel to the new OCONUS Permanent Duty Station (PDS). 
  
RECOMMENDATION 

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

Petitioner requested delayed dependents travel for new OCONUS PDS,                , and was approved by cognizant authority. 

Petitioner was authorized BAH at the with-dependent rate for              ,          , from 29 August 2014 to 12 February 2015. 
 
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. 


5/22/2020