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NAVY | BCNR | CY2012 | 00622 12
Original file (00622 12.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 S. COURTHOUSE ROAD
ARLINGTON, VA 22204

 

Lee
Docket No. 622-12
12 Mar 12

From: Chairman, Board for Correction of Naval Records
TG: Secretary of the Navy

Subj}: REVIEW OF NAVAL RECORD ICO

QE as Fk S|

Ref: (a) Title 10 U.S.C. 1552
(b) JFTR Volume 1

Encl: (1) DD Form 149 w/attachments
(2) CNO memo 7220 Ser N130C3/12U0073, 30 Jan 12
(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 was entitled to Basic Allowance for Housing at the
Single Rate.

2. The Board, consisting of Messrs. George, Pfeiffer, and Zsalman,
reviewed Petitioner’s allegations of error and injustice on

27 February 2012 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. Per reference (b), paragraph U10400-E4, “two Uniformed
Service members married to each other, without dependents, in grade
E-5 and/or below and each is simultaneously assigned to permanent sea
duty, on or after 1 October 2003, are each authorized BAH or OHA at
the without-dependent rate applicable for their appropriate grades”.

c. From the date of marriage 8 August 2008 to date of separation
9 May 2009, member was stationed on the USS Underwood while his spouse
was stationed on the USS Stennis and both were in paygrade E-4.

b. In correspondence attached as enclosure (2), the office
having cognizance over the subject matter addressed in Petitioner's
Docket No. 622-12

application has commented to the effect that the request has merit and
warrants favorable action.

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 was authorized payment of BAH at the single rate
for the period 8 August 2008 to 9 May 2009.

b. 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 and complete record of
the Board’s proceedings in the above entitled matter.

pelea 4 WE

ROBERT D. ZSALMAN WILLIAM J. HESS, III
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
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

Ferny. DEAN PFEIFFER
Executive Director

12 March 2012

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