DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 406-21 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 entitlement to Basic Allowance for Housing (BAH) at old Permanent Duty Station (PDS) location due to close proximity orders change of duty orders. 2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 27 May 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 15 March 2017 Petitioner joined for duty with USS. Petitioner’s Master Military Pay Account (MMPA) reflects Petitioner receiving BAH with dependent rate for this zip code as early as 16 June 2016. Petitioner’s ESR NAVPERS 1070/602 last updated on 10 February 2017 reflecting dependents residency located in . Petitioner mortgage documents reflect home purchased home listed with same address of NAVPERS 1070/602 ( ) on 22 April 2016. b. On 26 June 2019 Petitioner issued BUPERS Change of Duty Orders . Orders issued without accounting data, which carries no authority to fund travel/transportation allowances/household goods shipment. Gaining activity is Navy Sub Torpedo Facility located in . c. On 20 August 2019 Petitioner transferred from USS . d. On 23 September 2019 Petitioner joined for duty with . BAH at dependent rate for PDS zip code effective this date. e. Petitioner contends BAH at old PDS should have continued due to him and his family remaining in their residence located in and daily commute to PDS in . 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 per reference (b) Petitioner entitled to BAH at old PDS rate due to close proximity. RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: On 27 June 2019 Petitioner requested to maintain BAH based on previous PDS under provisions of close proximity and it was approved. Effective 23 September 2019 upon joining Petitioner’s BAH at with dependent rate is continued and old PDS zip code ( ). Note: The Petitioner must be made aware of the provisions of reference (c) on the requirements to maintain a continuous residence. 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. 6/1/2021