Docket No. 9726-19  
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 7220 Ser N130C4/19U2062 of 18 Nov 19 
      (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 correct your dependents address on your Dependency Application (NAVPERS 1070/602) and receive Family Separation Allowance (FSA). 

2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 12 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 13 February 2019, Petitioner acquires a dependent through marriage. 

c.  On 20 March 2019, Petitioner updated his NAVPERS 1070/602.  

d.  On 17 July 2019, Petitioner’s dependent moved from  to the permanent duty station (PDS). 

e.  On 5 August 2019, Petitioner updated his Record of Emergency Data (DD Form 93). 

f.  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 Petitioner’s dependent did not reside at the PDS from the date of marriage [13 February 2019] until 17 July 2019.  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’s Dependency Application (NAVPERS 1070/602) dated 20 March 2019, block 19 is changed to “NO” vice “YES”.  Petitioner’s Dependency Application (NAVPERS 1070/602) dated 20 March 2019, block 20 Petitioner is entitled to Family Separation Allowance – Restricted (FSA-R) from 13 February 2019 to 16 July 2019. 

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.