DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
EC
Doc No. 7669-10
11. Max 21.
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD ICO
Ref: (a) Title 10 U.8.C. 1552
DD Form 149 w/attachments
Close Proximity Move Policy
(1)
(2)
(3) Email QA, PERS 4 of 10 Aug 2010
(4)
(5)
CNO memo 7220 Ser N130C/10U07786 of 5 Nov 10
CO's letter 7220 Ser 00/032 of 23 Feb 2010
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 in ueeloS;
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 in July 2009 reassigning
him from HS 4, North Island, CA to Assault Craft Unit 5 Shore
COM, Camp Pendleton, CA, approximately 35 miles away. The
Doc No. 7669-10
orders required Petitioner to detach his old duty station in
October 2009. The orders included funding authorization for a
household goods (HHG) move.
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 (2).
d. In this case, Petitioner contacted his detailer prior
to executing his PCS orders and requested the orders be modified
to “no cost” orders. The detailer did not understand that
Petitioner was seeking to have the HHG authorization be removed
so that he would be able to receive BAH based on the previous
PDS. Once Petitioner executed his orders, it was too late for
the detailer to remove the HHG authorization from the orders.
See enclosure (3).
e. 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.
f. 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.
Petitioner has the support of his commanding officer. Moreover,
the Board found that Petitioner tried to have the HHG
authorization removed from the orders prior to executing them.
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.
Doc No. 7669-10
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate,
to show that:
a. On 21 July 2009 COMNAVPERSCOM modified the Permanent
Change of Station (PCS) orders reassigning Petitioner from HS 4
HOMEPORT North Island, CA to Assault Craft Unit 5 Shore COM Camp
Pendleton, CA to “delete the PCS funding citation”. Petitioner
was reassigned within the same geographical area and was not
entitled to travel of dependents or to move household goods at
government expense.
b. Petitioner was authorized BAH and station allowances
for his prior duty station HS 4, North Island, CA. The address
of the former Unit was HS 4, Naval Air Station North Island, CA
92135.
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 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.
eben | lend
ROBERT D. ZSALMAN WILLIAM J. HESS,
Recorder Acting Recorder
5s The foregoing action of the Board is submitted for your
review and action.
Wot s/n
Assistant General Counsel
(Manpower and Reserve Affairs)
41000 Navy Pentagon, Rm 4D548 3
Washington, DC 30350-1000
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