DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
LCC
Doc No. 8498-10
11 Mar 11
From: Chairman, Board for Correction of Naval Records
Tips 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) Close Proximity Move Policy
(3) Email string between Petitioner and detailer of
12 July 2010
(4) CNO memo 7220 Ser N130C/10U0787 of 5 Nov 10
(5) CO NWS Yorktown ltr 7220 Ser 00/070 of 12 May 2010
1. Pursuant to the provisions of reference (a) Subj 6ct,
hereinafter referred to as Petitioner, filed enclosure (1) wath
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 her 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 in reassigning her from
Transient Personnel Unit Norfolk VA to Weapons Station Yorktown,
Doc No. 8498-10
VA reporting 29 June 2010. 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 her detailer prior
to departing Norfolk, VA to insure that her Permanent Change of
Station (PCS) orders did not contain a HHG funding citation so
that she would be able to receive BAH based on the previous PDS.
The detailer erroneously advised her that the BAH for Yorktown
and Norfolk, VA were the same rate. Once Petitioner executed her
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 her orders so that
she can be entitled to BAH based on her 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 she 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 her 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
her record should be changed to qualify her for BAH at the prior
PDS.
Doc No. 8498-10
RECOMMENDATION :
That Petitioner’s naval record be corrected, where appropriate,
to show that:
a. On 23 June 2010 COMNAVPERSCOM modified the Permanent
Change of Station (PCS) orders that reassigned Petitioner from
Transient Personnel Unit Norfolk VA to Weapons Station Yorktown,
VA to “delete the HHG funding citation”. Petitioner was
reassigned within the same geographical area and was not
authorized travel of dependents or shipment of household goods
at government expense.
b. Petitioner was authorized BAH for the prior duty
station which was the USS George H W Bush CVN 77, Norfolk, VA.
The address of the prior duty station was the USS George H W
Bush (CVN 77) 9079 Hampton Blvd, Norfolk, VA 23505
c. AB 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.
(elaand Hon
ROBERT D. ZSALMAN WILLIAM J. HESS, III
Recorder Acting Recorder
5. The foregoing action of the Board is submitted for your
review and action.
W. Ree ‘PF
Executive ctor
pproved -
IV 1 3/ vf ! ~% ™
OBERT L. WOODS _ wy
Assistant General Counsel ne
(Manpower and Reserve Affairs) at)
4000 Navy Pentagon, Rm 4D548 3 OS
Washington, DC 20350-1000 ‘
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