From:  Chairman, Board for Correction of Naval Records 
To:     Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD ICO  USN, XXX XX   
 
Ref:   (a) Title 10 U.S.C. § 1552 
       (b) NAVADMIN 101/10 of 19 Mar 10 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) Subject’s naval record 
 
1.  Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that Petitioner‘s naval record be corrected for a close proximity move and was eligible for and received basic allowance for housing (BAH) at previous permanent duty station (PDS).   
                                              
2.  The Board, consisting of  reviewed Petitioner’s allegations of error and injustice on 23 March 2021 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.  In accordance with reference (b), clarifies eligibility and procedures for execution of a close proximity move.                
 
     c.  On 6 April 2020 Petitioner was issued official change duty orders (BUPERS Order 0970) from  to   Note: Petitioner was receiving   
 
     d.  On 10 July 2020 Petitioner transferred and arrived to on 7 August 2020 for duty and BAH at was started on 7 August 2020 2020.   
 
     e.  On 8 September 2020, Petitioner changed address from zip code  to zip code  
 
     f.  On 24 November 2020, the Office of the Chief of Naval Operations notified Transaction Service Center, Norfolk pertaining to close proximity BAH exception to policy and identified a list of personnel to be approved retroactive BAH based on previous PDS.  Additionally stating that the Commanding Officer (CO) of  has verified that the list of personnel did not have household good (HHG) line of accounting (LOA) on their PCS orders nor executed a HHG move, and maintained a continuous residence in the vicinity of their previous PDS prior to issuance of PCS orders, and were in a reasonable commuting distance from their residence and new PDS. 
 
     g. On 22 January 2021, the CO of notified the Board that each Petitioner is eligible for BAH at previous PDS because they did not execute HHG and are commuting a reasonable distance daily between their previous established residence and their current PDS.  Further stating that due to the unused LOA each member should retain previous PDS BAH.    
                                
CONCLUSION 
 
Upon review and consideration of all the evidence of record, and especially in light of the contents of reference (b), the Board finds the existence of an injustice warranting the following corrective action.  The Board concluded that although not all administrative requirements were completed prior to the execution of Petitioner’s orders, Petitioner’s gaining CO has verified Petitioner requirements to be eligible to receive BAH based on the previous PDS. 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner submitted a close proximity move request and cognizant authority approved it, prior to the execution of orders. 
 
Petitioner was authorized BAH for from 7 August 2020 to 7 September 2020.  Note: Petitioner moved from residence to zip code effective 8 September 2020.  In accordance with reference (b), Petitioner was no longer authorized BAH at the  rate.   
 
Petitioner was authorized BAH for from 8 September 2020 to present.   
 
Note: Defense Finance & Accounting Service (DFAS) will complete an audit of Petitioner’s record 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 a 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 the reference, has been approved by the Board on behalf of the Secretary of the Navy. 
 
 4/10/2021
Deputy Director