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 Federal Travel Regulations (2013) 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) CNO memo 7431 Ser N130C2/20U0079 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 receive Basic Allowance for Housing Differential (BAH DIFF) and BAH at the (single-rate) from October 23, 2013 through March 24, 2016.   
                                              
2.  The Board, consisting of  reviewed Petitioner’s allegations of error and injustice on April 23, 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 October 23, 2013, Petitioner’s divorce is adjudicated with required dependent child support in the amount that is greater than the BAH DIFF rate.  Petitioner continues to receive BAH at the (with-dependent) rate while assigned to , . 
 
     c.  On November 17, 2014, Petitioner is joined by   and BAH at the with-dependent rate at this zip code is effective. 
 
     d.  On February 16, 2016, Petitioner’s Master Military Pay Account (MMPA), reflects correction to reflect BAH at the single-rate from October 24, 2013 to November 16, 2014, for   and BAH at the single-rate from November 17, 2014 through December 31, 2015.  
BAH at the with-dependent rate effective February 11, 2016. Total pay adjustment (-$7,162.10) debt. 
 
     e.  On March 25, 2016, Petitioner marries dependent spouse while assigned to   and continues to receive BAH at the with-dependent rate. 
 
     f.  The Petitioner’s initial request for the record correction was “BAH debt of $7,162.10 due to an incorrect accounting code of BAH with dependents verse BAH differential”. 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 request has no merit and does not warrant favorable action. 
 
     g.  On April 20, 2020, Petitioner notified examiner he wanted to clarify the request is for BAH DIFF and BAH Single for period stated in paragraph (1) of this correspondence.  
                                
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 per reference (b), U10106 A and D, the Petitioner is entitled to BAH DIFF and BAH at the single rate equaling a housing allowance at the with-dependents rate from October 24, 2013 through March 24, 2016. 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner approved Basic allowance for Housing at the single-rate and differential from October 24, 2013 through November 16, 2014 at PDS zip code , and at PDS zip code  from November 17, 2017 through day prior of marriage March 24, 2016, equal to the housing allowance at the with-dependent rate. 
 
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.