Docket No. 8623-19  
Ref:  Signature Date  
From: Chairman, Board for Correction of Naval Records  
To:  Secretary of the Navy  


Ref:  (a) Title 10 U.S.C. §1552 

Encl: (1) DD Form 149 w/attachments 
      (2) CNO memo 7431 Ser N130C2/20U0393 of 17 Mar 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 (BAH) at the dependent location. 

2.  The Board, consisting of reviewed Petitioner’s allegations of error and injustice on 24 March 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 19 May 2011, Petitioner acquired a dependent through marriage. 

c.  On 18 October 2017, Petitioner was issued Official Modification to BUPERS Order 2797. 

d.  On 2 May 2018, Petitioner reported to 

e.  On 7 January 2019, Petitioner submitted a request for BAH at the dependent location. 

f.  On 11 February 2019, the Commanding Officer, Naval Hospital endorsed request. 

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 merit and warrants 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 if Petitioner would have been counseled on the proper procedures to request an unaccompanied tour, Petitioner would have submitted his request either before executing the BUPERS Order or within 90 days after arriving in Japan.  The Board finds the existence of an injustice warranting the following corrective action. 

RECOMMENDATION 

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

Petitioner submitted a timely request for unaccompanied orders upon arrival to his OCONUS duty station, and it was approved by cognizant authority. 
Petitioner was authorized BAH at the with-dependent rate for 2 May 2018 to present, to include Cost-Of-Living Allowance (COLA) with one dependent for HI009. 
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.  Petitioner’s dependent COLA stopped on 15 April 2018, the day prior to transfer. 

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 trueand 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.