From:  Chairman, Board for Correction of Naval Records 
To:     Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD ICO   
  
 
Ref:   (a) Title 10 U.S.C. §1552 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) CNO memo 7431 Ser N130C2/20U0399 of 18 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 from 29 December 2018 to 21 August 2019. 
                                              
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 17 December 2018, Petitioner was issued a modification to BUPERS Order 2398. 
 
     c.  On 29 December 2018, Petitioner acquired a dependent through marriage. 
 
     d.  On 24 January 2019, Petitioner updated his dependency application (NAVPERS 1070/602). 
 
     e.  On 17 June 2019, Petitioner submitted a request for BAH at dependent location. 
 
     f.  On 30 July 2019, Petitioner’s request was denied by Navy Personnel Command (NPC) PERS-451H.   
 
     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 was counseled properly, he would have was entitled to receive BAH at the dependent location while he completes required entry level training.  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 request to receive BAH at the dependent location and it was approved by cognizant authority effective 29 December 2018.  Note:  NPC will also audit for Family Separation Allowance (FSA) entitlement. 
 
Petitioner is entitled to BAH at the with dependent rate for the dependent location from  
29 December to 31 December 2018 for zip code “” vice zip code “”. 
 
Petitioner is entitled to BAH at the with dependent rate for the dependent location from  
1 January 2019 to 19 August 2019 for zip code “” vice zip code “”. 
                                                             
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. 
6/15/2020