DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No. 162-21 
Ref: Signature Date 

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) DoD 7000.14-R 
(c) NAVADMIN 101/10  
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 his naval record be corrected to establish Petitioner’s Basic Allowance for Housing (BAH) at the old Permanent Duty Station (PDS) zip code () due to Close Proximity move during transfer to PDS zip code  (,) effective 30 October 2020. 

2. The Board, consisting of                                         , reviewed Petitioner’s allegations of error and injustice on 10 June 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, found that, before applying to this Board, he exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. The Board made the following findings: 

a. On 4 March 2020 Petitioner with dependents issued BUPERS Change of Duty Orders for detachment during October 2020 from , ,  to Headquarters (HQ)  . Orders state: “These orders issued without accounting data since it appears that it can be executed without cost. No PCS entitlements will be provided because these orders reassign member between two non-shipboard activities or units located at same PDS”. Petitioner and family residence located in , . 

b. On 30 October 2020 Petitioner transferred from ,  and joined by ,  . Petitioner’s BAH changed from PDS zip code  to  effective this date per reference (b). 

c. On 2 November 2020 Petitioner request BAH close proximity per the guidelines of reference (c). 

d. On 16 February 2021 I MEF Navy Support center sends close proximity request to NAVPERSCOM PERS-451. Representative of PERS-451 indicates Petitioner will need to petition BCNR due to entitlement request is after-the-fact. 

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 even though the Petitioner did not request close proximity authority until after executing orders eligibility was not lost due to being ordered on a PCS between PDSs located in proximity to each other with “No Cost” orders. 

RECOMMENDATION 

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

Petitioner requested BAH close proximity per reference (c) on 29 October 2020 vice 2 November 2020 and it was approved.
 
Effective 30 October 2020 upon joining , ,  Petitioner’s BAH at with dependent rate is continued at old PDS zip code ().
 
Note: If Petitioner moves from established residence prior after issue date of orders, regardless of whether or not the Petitioner moves at personal expense, there is no authorization for BAH based on the previous PDS. Please see reference (c). 
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. 


7/20/2021 

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