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) JTR of March 2018 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) OPNAV memo 7220 Ser N130C4/20U0088 of 24 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 back pay Basic Allowance for Housing (BAH) based on dependent location   during unaccompanied overseas tour. 
                                              
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on May 7, 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 November 13, 2015, while assigned to , Petitioner and dependent husband lease with the  community of   Military Housing,   becomes effective.  BAH at the with-dependent rate for Permanent Duty Station (PDS) zip code  begins. 
 
     c.  On September 15, 2016, Petitioner joined for duty win .  BAH rate continues at with-dependent rate for PDS zip . 
 
     d.  On February 12, 2018, Petitioner issued BUPERS Order 0438 unaccompanied overseas orders with temporary duty in route.  Estimated date of detachment March 2018 and estimated 
date of arrival to permanent duty station,  July 7, 2018.  Projected rotation date July 2020. 
 
     e.  On March 6, 2018, Petitioner detached from .  Dependent spouse remains in residence in .    
     f.  Petitioner’s MMPA BAH screen reflects BAH at with-dependent rate for PDS zip code  stops effective March 7, 2018. 
 
     g.  On July 7, 2018, Petitioner joined for duty with .  No BAH reported. 
 
     h.  Petitioner’s MMPA BAH screen reflects BAH at with-dependent rate for dependent location zip code  started effective February 1, 2019. 
 
     i.  On July 25, 2019, Petitioner transferred from  and is joined effective July 26, 2019 to . 
 
     j.  On July 30, 2019, Petitioner’s MMPA BAH screen reflects BAH at with-dependent rate for dependent location zip code  is stopped effective this date. 
 
     k.  On May 6, 2020,  Military Housing representative confirmed to BCNR examiner that Petitioner paid monthly rent from effective date of lease November 15, 2015 through vacation date of quarters effective December 30, 2019. 
 
     l.  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 finds the existence of an injustice warranting the following corrective action.  The Board concluded the Petitioner was assigned to an unaccompanied tour and that dependent spouse remained in the residence shared with the service member before execution of her PCS and did not relocate.  Therefore, per paragraph 10402.B.2, Table 10E-6 Rule 1 and paragraph 10408.1 of reference (b), Petitioner entitled to BAH at with-dependent rate for PDS zip code  from September 15, 2016 through December 30, 2019. 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner’s pay account be credited Basic allowance for housing at with-dependent rate, PDS zip code  effective March 8, 2018 through December 30, 2019.  Pay adjustment made for any BAH received at other zip code within this period. 
 
Note:  Service members cannot receive BAH and OHA concurrently.  If Petitioner was not assigned government quarters at overseas PDS and incurred additional housing cost, she may be entitled to Family Separation Housing Overseas Housing Allowance (FSH-O) per paragraph 10414 of reference (b). 
 
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. 
            
7/1/2020