DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
LCC
Docket No. 3618-10
14 Sep 10
From: Chairman, Board for Correction of Naval Records
TO: Secretary of the Navy
Subj: REVIEW z _ RECORD ICO
Ref : (a) Title 10 U.S.C. 1552
Enel : (1) DD Form 149 w/attachments
(2) CNO memo 7220 Ser N130C1/10U0320
(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 show Petitioner is entitled to Basic Allowance for Housing (BAH)
for the designated location of his dependents. Also, correct the
record to show he was assigned to an unaccompanied tour.
2 The Board, consisting of Messrs. George, Pfeiffer, and Zsalman,
reviewed Petitioner’s allegations of error and injustice on
13 September 2010 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 was reassigned from Norfolk, VA to Stuttgart,
Germany in December 2007. His orders authorized his dependent spouse
to accompany him.
c. As a result of unexpected events beyond Petitioner's control
(spouse hospitalized and house fire) Petitioner's spouse remained in
Norfolk. Petitioner failed to request any change in his orders.
al. If Petitioner had requested to change the orders to show
“unaccompanied” vice “accompanied”, the request would have been
approved.
Docket No. 3618-10
e. Upon arrival in Germany, Petitioner erroneously received
BAH at the designated location of his Spouse from 20 December 2007 to
31 March 2008. The payments were erroneous because the orders
authorized his spouse to accompany him to Germany. When Petitioner’s
administrative office noticed the overpayment, they established a debt
for the overpayment.
fe Unaccompanied tours are normally two years in length, but may
be extended.
g. Petitioner is not scheduled to rotate until December 2010.
h. 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 finds
the existence of an injustice warranting the following corrective
action.
RECOMMENDATION :
That Petitioner's naval record be corrected, where appropriate, to
show that:
a. Petitioner was reassigned from Norfolk to Germany in
December 2007. Orders were “unaccompanied” and he was authorized BAH
at the designated location of his spouse effective 20 December 2007.
hidress of nis spouse = (IIIs aay
b. In December 2008 Petitioner requested an extension of the
unaccompanied order and Petitioner was authorized BAH at the
designated location of his spouse for period 20 December 2007 to
present.
(NOTE: No deduction in BAH should be taken based on the square
footage of Petitioner’s quarters in Germany because the housing office
has certified that they are the standard size for officers of his
rank.
Petitioner has already received payment for BAH for designated
location of dependent spouse for the period 20 December 2007 through
31 Mar 2008. Petitioner is due payment of BAH commencing 1 April 2008
through the date he reports to his next duty station.)
Z
Docket No. 3618-10
4. It is certified that quorum was present at the Board’s review and
deliberations, and that the foregoing is a true complete record of the
Board’s proceedings in the above entitled matter.
ne
ROBERT D. ZSALMAN WILLIAM J. HESS, III
Recorder Acting Recorder
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.
We ste, Pe
Foee_w. DEAN PFEYFFER
Executive Director
14 September 2010
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