DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
Lcc
Doc No. 11745-09
11 Max i
From: Chairman, Board for Correction of Naval Records
Los Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD ICO
Ref: (a) Title 10 U.S.C. 1552
(1) DD Form 149 w/attachments
(2) PCS orders
(3) Close Proximity Move Policy
(4)
(S)
Encl:
CNO N130 ltr 7220 Ser N130C3/10U0189 of 14 Sep 10
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 show that Petitioner is entitled to Basic
Allowance for Housing (BAH) for his prior duty station (PDS)
based on a close proximity permanent change of station (PCS)
move.
2. The Board, consisting of Messrs. George, Pfeiffer, and
Zsalman, reviewed Petitioner's allegations of error and
injustice on 22 February 2011 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, naval
records, 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. Petitioner received PCS orders reassigning him from USS
Abraham Lincoln CVN 72 Everett, WA to NAVOCEANPROFAC Whidbey
Island WA. The orders required Petitioner to detach his old duty
station in May 2009. The orders 4ncluded funding authorization
for a household goods (HHG) move. See enclosure (2).
c. Under the “close proximity move policy,” members being
reassigned from a duty station with a high BAH rate to a duty
station with a lower BAH rate may request and, if otherwise
qualified, receive BAH based on the previous PDS. To qualify,
the member must maintain an established residence, commute daily
to their new PDS, and have the approval of their new PDS.
Additionally, members must request that the HHG authorization be
removed from their orders prior to executing the orders. See
enclosure (3).
d. In this case, Petitioner claims, without
substantiation, that he contacted his detailer prior to
executing his PCS orders and requested the orders be modified to
remove the HHG funding citation. As further support for his
request, Petitioner submits an e-mail exchange between
GEE 2 Petitioner's detailer i.
GES Nevy pertaining to a separate request
for BAH pertaining to Set. US Navy.
Petitioner argues that the e-mail exchange evidences the
detailer’s lack of knowledge about the Navy’s close proximity
move policy.
e. Petitioner executed his orders without first having
the HHG authorization removed from the orders. He was not
authorized BAH based on his previous PDS.
f£. Petitioner has now submitted a request to the Board
seeking to remove the HHG authorization from his orders so that
he can be entitled to BAH based on his prior PDS.
g. In correspondence attached as enclosure (4), the
office having cognizance over the subject matter addressed in
Petitioner's application has recommended the request be denied.
CNO 130 has commented that Petitioner should have ensured the
HHG authorization was removed before he transferred and that
there is no authority to change an order after it has been
executed.
CONCLUSION:
Upon review and consideration of all the evidence of record,
notwithstanding the comments contained in enclosure (4), the
Board concludes that Petitioner's request warrants favorable
action. The Board noted that the old PDS and new PDS are in
close proximity to each other. Petitioner commutes daily.
2
Doc No. 11745-09
Petitioner has the support of his commanding officer. Although
the Board found that Petitioner lacked substantiation that he
contacted his detailer prior to executing his PCS orders, based
on all the circumstances, in the Board’s view, Petitioner should
be granted the most favorable consideration possible and his
record should be changed to qualify him for BAH at the prior
PDS.
RECOMMENDATION :
That Petitioner’s naval record be corrected, where appropriate,
to show that:
a. On 29 January 2009 COMNAVPERSCOM modified the orders
reassigning Petitioner from the USS Abraham Lincoln CVN 72 to
NAVOCEANPROFAC Whidbey Island WA to “delete the HHG funding
citation” from the Permanent Change of Station, Orders,
Petitioner was reassigned within the same geographical area and
was not authorized travel of dependents or shipment of house
hold goods at government expense.
b. Petitioner was authorized continuation of BAH and
station allowances for his prior duty station effective 20 July
2009. The address of the prior duty station was USS Abraham
Lincoln CVN 72, 200 W. Marine View Drive, NAS Everett, WA 98207.
c. A copy of this Report of Proceedings will be filed in
Petitioner's naval record.
4, Pursuant to Section 6(c) of the revised Procedures of the
Board for Correction of Naval Records (32 Code of Federal
Regulations, Section 9723.6(c)) 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.
-
f pee B
ROBERT D. ZSALMAN WILLIAM J. HESS, III
Recorder Acting Recorder
Doc No. 11745-09
Bi The foregoing action of the Board is submitted for your
review and action.
Reviewed and Approved
Lop dent ofr
ROBERT L. WOODS
Assistant General Counsel
(Manpower and Reserve Affairs)
1000 Navy Pentagon, Rm 4D548
Washington, DC 20350-1000
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