DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE RD SUITE 1004
ARLINGTON VA 22204-2490
BAN
Docket No. 11978-11
6 November 2012
From: Chairman, Board for Correction of Naval Records
TO: Secretary of the Navy
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) Office of the Chief of Naval Personnel (CNP) memo 7220
Ser N130C/11U1040 of 15 Dec 11
(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 that she was authorized Basic Allowance for Housing (BAH) at
dependent’s location from 23 November 2010 to 5 October 2011, the date
that her dependent arrived at the ultimate duty station.
2. The Board, consisting of Messrs. Ruskin, Exnicios, and George
reviewed Petitioner's allegations of error and injustice on
5 November 2012, and, pursuant to its regulations, determined that the
partial 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. 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 Petitioner’s request warrants partial
relief as described below.
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 partial corrective
action.
Docket No. 11978-11
RECOMMENDATION:
That Petitioner's naval record be corrected, where appropriate, as
follows:
a. Petitioner is authorized BAH at dependent’s location in
Note: Petitioner detached her old permanent duty station on 9 November
2010, but received BAH at dependent’s location until 13 November 2010.
b. That so much of Petitioner's request for corrective action as
exceeds the foregoing be denied for the following reason: Petitioner
was receiving Overseas Housing Allowance (OHA) in Italy at the “with-
dependent” rate from 15 January 2011 to the time her child arrived in
Italy on 5 October 2011 and forward. Petitioner is not entitled to
dual allowances after she arrived at her ultimate duty station.
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 shg) above entitled
matter.
JONATHAN S. RUSKIN D
Recorder Acti
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.
6 November 2012
Aver yl (HL
fv ROBERT D. ZSALMAN
Acting Executive Director
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