DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL REGORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
WJH
Docket: 7033-10
13 April 2011
From: Chairman, Board for Correction of Naval Records
Tex Secretary of the Navy
Sub}: REVIEW OF NAVAL RECORD nes
Ref: (a) Title 10 U.S.C. 1552
Ene Ls DD Form 149 w/attachments
1)
2) MILPERSMAN 1300-308
3) OPNAVINST 7220.12
4) CNO ltr 7220 Ser N130C/10U0819 of 12 Nov 2010
1. Pursuant to the provisions of reference (a) Petitioner
filed enclosure (1) with this Board requesting, in effect,
that the applicable naval record be corrected to show that
he was granted a waiver of repayment for a debt established
after he was overpaid Basic Allowance for Housing (BAH)
while in Sasebo JN.
2. The Board, consisting of Messrs. Pfeiffer, Zsalman, and
George, reviewed Petitioner's allegations of error and
injustice on 11 April 2011. After careful and
conscientious consideration of the entire record, the Board
found that the evidence submitted was sufficient to
establish the existence of probable material injustice and
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. The Board also considered an
advisory opinion provided by the Chief of Naval Operations
Code N130 (hereinafter N130), attached as enclosure (4)
that recommended no relief be granted.
3. The Board, having reviewed all the facts of record
pertaining to Petitioner’s allegations of error and
injustice, finds as follows:
Docket: 7033-10
a. In June 2007, Petitioner received Permanent
Change of Station (PCS) orders directing him to transfer
from San Diego CA to Sasebo JN in November 2007. The
orders were considered “accompanied” orders because they
authorized his family to accompany him to the new duty
station at government expense.
b. Under the regulations governing overseas transfer
orders, members are provided with an opportunity to elect
whether they desire to be accompanied by family members in
the overseas area. See enclosure (2). Also, in order to
receive BAH based on the dependent’s Continental United
States (CONUS) location, prior approval must be received
from the Commander Navy Personnel Command (PERS 451H). See
enclosure (3).
c. In Petitioner's case, no request for
“unaccompanied” orders or BAH based on the dependent’s
Continental United States (CONUS) location was received.
d. Petitioner transferred to Sasebo. However, his
dependents did not accompany him. They remained in CONUS
at their prior address.
e. Upon arrival, Petitioner checked in with the
Personnel Support Detachment (PSD) Sasebo. His CONUS BAH
based on his dependent’s location was continued and his
tour length was not adjusted from “accompanied” (36 months)
to “unaccompanied” (12 months).
f. In approximately April 2010, an audit of all
Sailors in Sasebo receiving CONUS BAH was conducted. At
that time, it was discovered that Petitioner was not
entitled to CONUS BAH because he was serving in Sasebo on
“accompanied” orders and he had no prior authorization to
receive BAH based on his dependent’s location. He had been
overpaid $27,869.40.
g. The PSD Sasebo subsequently established the
overpayment as a debt.
h. In June 2010, Petitioner applied to this Board
seeking to have the debt for overpayment of BAH waived.
Docket: 7033-10
i. By enclosure (4), N130 recommends no relief be
granted. N130 reasons that Petitioner was not entitled to
CONUS BAH because he was serving in Sasebo on “accompanied”
orders and he had no prior authorization to receive BAH
based on his dependent’s location. He could have brought
his family to Sasebo at government expense but chose not to
do so.
CONCLUSION :
Upon review and consideration of all the evidence of
record, the Board finds an injustice and concludes that
Petitioner’s request warrants favorable action. The Board
understood and carefully considered the comments made in
enclosure (4). However, it found that the following
factors militated in favor of relief. The PSD Sasebo erred
when it allowed the CONUS BAH to continue. Absent that
error, Petitioner would likely have sought PERS 451H
approval or adjustment to his tour length. Also, the PSD
Officer in Charge has confirmed that the failure by the PSD
Sasebo to stop the BAH or to seek authorization to receive
BAH based on the dependent’s location was, at least in
part, the cause of the overpayment. Also, due to its size,
enforcing the debt would create a heavy burden on a First
Class Petty Officer. For these reasons, the Board finds
that, Petitioner’s request should be granted favorable
action.
RECOMMENDATION :
That Petitioner’s naval record be corrected, where
appropriate, to show that:
a. The $27,869.40 debt cause by the overpayment of BAH
will be waived.
4, Pursuant to Section 6(c) of the revised Procedures of
the Board for Correction of Naval Records (32 Code of
Federal Regulations, Section 723.6(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.
ROBERT D. ZSALMAN WILLIAM J. ~ Guz
Recorder Acting Recorder
Docket: 7033-10
Bhs The foregoing action of the Board is submitted for
your review and action.
W. DEAN P
Executive Dineac
The recommendation is reviewed and approved:
Cela ok— ff h
ROBERT L. WOODS
Assistant General Counsel
(Manpower and Reserve Affairs)
1000 Navy Pentagon, Rm 4D548
Washington, DC 20350-1000
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