DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
LCC
Docket No. 4911-10
23 Mar 11
From: Chairman, Board for Correction of Naval Records
Tos Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD ICO
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) CNO 7220 Ser N130C/10U0821 of 12 Nov 10
(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 Basic Allowance for Housing (BAH) at
dependent’s location in Atlanta, GA, reimbursement for meal
deductions, entitlement to Family Separation Housing (FSH-0), and
payment of Dislocation Allowance (DLA) .
2. The Board, consisting of Messrs. George, Pfeiffer, and Zsalman,
reviewed Petitioner’s allegations of error and injustice on
18 January 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. The Board members considered the request for a personal
appearance; however, they found that the issues in the case were
adequately documented and that a personal appearance would not
materially add to the Board’s understanding of the issues involved.
Thus, the request for a personal appearance has been denied.
c. The Board, having reviewed all the facts of record pertaining
to Petitioner’s allegations of error and injustice, finds as follows:
d. Per DOD FMR Volume 7A, paragraph 250105, an enlisted member
being paid Basic Allowance for Subsistence (BAS) must pay for all
meals or rations received from a Government mess or provided on behalf
Docket No. 4911-10
of the Government. BAS must be collected during period Petitioner
resided in single type Government quarters.
e. Since dependents did not travel with the Petitioner and
Government quarters were not assigned to the Petitioner DLA was not
authorized for the Petitioner.
f. In correspondence attached as enclosure (2), the office
having cognizance over the BAH and FSH subject matter addressed in
Petitioner’s application has commented to the effect that the request
has merit.
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 is authorized BAH at the with dependent rate for
designated location of dependents for the period 22 July 2009 through
22 March 2010. Address for dependents a_—e
b. Petitioner is authorized FSH-O effective 19 February 2010,
the date Petitioner vacated Government quarters.
c. That so much of Petitioner’s request as exceeds the foregoing
be denied for the reasons stated in enclosure 2.
d. A copy of this Report of Proceedings will be filed in
Petitioner's naval record.
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.
ROBERT D. ZSALMAN WILLIAM J. a fe
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
2
Docket No. 4911-10
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.
23 March 2011 Lo Wea
W. DEAN PFEI
Executive Di r
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