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DErARIWICINE Yr init WAY
BOARD FOR CORRECTION OF NAVAL RECORDS

704 §. COURTHOUSE ROAD, SUITE 100%
ARLINGTON, VA 22204-2480

 

DIC
Docket No. NR8385-13
27 Jun 14

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

Subj:

   

Ref: (a) Title 10 U.S.C. 1552

Encl: (1) DD Form 149 w/attachments
(2) CNP memo 7220 Ser N130C/13U0570 dtd 19 Jun 13
(3) DEERS printout
(4) Contract on the house
(S) BUPERS order 2861 dtd 13 Oct 11
{6} POLL printout
(7) Branch Medical Clinic NAVSTA Norfolk ltr dtd 15 Jan 13
(8) DOP, NMC, Portsmouth itr dtd 6 Jun 13
(9) Deed of the house
(10) Petitioner's E-mail dtd 27 Jun 14
(11) NAVSUPSYSCOM’s E-mail dtd 26 Jun i4
(12) 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 is entitled to Basic Allowance for Housing (BAH) at
the previous Permanent Duty Station (PDS) rate based on a close
proximity move.

2. The Board, consisting of Mr. Zealman, Mr. George, and Mr. Ruskin,
reviewed Petitioner's allegations of error and injustice on

23 dune 2014 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’s daughter a was born on
See enclosure (3).
Docket No. NR&385-13

  

c. Petitioner’s construction on a house (#i_ ==

SURE e520 on or about
(4)

enclosure

d. Petitioner received official change of duty orders on ©
about 13 October 201i, to NORTHCOM UTF-C5, rort Wustis, VA (32.3 miles
from previous permanent duty station (PDS), FLTREADCEN MA DET,
Norfolk, VA). Orders contained Household Goods (HHG) funding. See
enclosure (5).

s

e. Petitioner transferred from FLTREADCEN MA DET, Norfolk, VA on
14 November 2011. See enclosure (6).

f. Petitioner arrived to NORTHCOM JTF-CS, Fort Eustis, VA on 30
November 2011. See enclosure (6).

g. On 15 January 2013, Petitioner was enrolled in the
Exceptional Family Member Program (category 5) with an effective date
of 23 February 2011. See enclosure (7).

h. Petitioner provided a letter dated 6 June 2013 from
Department of Pediatrics, Naval Medical Center, Portsmouth, VA with a
description of the child’s medical history. The chiid was in neonatal
intensive-care unit (NICU) from birth to 25 March 2011 (approximately
4 % months), and continued occupational therapy until June 2012. The
child is currently still receiving services from Developmental
Pediatrics for issues related to her extreme prematurity. See
enclosure (8).

L, Petitioner closed on the nouse a

ao ae oon § See enclosure (9)

j. Petitioner moved from Ee
SEE, 3, ox about Furthermore, she did

not move’ at government's expense. See enclosures (10) and (11).

  

   

k. Per enclosure (2), the Chief of Naval Personnel provided an
advisory opinion concluding that the evidence proffered by Petitioner
is insufficient to support the requested record change. The advisory
opinion points out the following evidence to support its position:
Petitioner's daughter is enrolled as a CAT 5 in the Exceptional Family
Member (EFM} program requiring the member to homestead. Furthermore,
Petitioner received orders to Fort Fustis, VA, 32 miles from Norfolk,
VA, considered as the homestead billet for the purposes of
facilitating the medical needs of the member’s daughter.

Nevertheless, Petitioner does not qualify for BAH at Norfolk rate due
to this alone. Additionally, Petitioner needed to request a close
proximity move prior to the executions of her orders to retain Norfolk
BAH.
Docket No. NR8385-13

CONCLUSION

Upon review and consideration of all the evidence of record, and
notwithstanding the opinion expressed in enclosure (2), the Board
finds the existence of an injustice warranting corrective action. The
Board relied heavily on the medical issues of Petitioner's child that
occurred when she was born in 2010, and which continue to exist.
Shortly thereafter, she was enrolled in the EFM program (category 5)
with an effective date of 23 February 2011. Furthermore, Petitioner
received orders and transferred within 31 days (short fuse).

Moreover, Petitioner signed a contract on a home on 13 August 2011
prior to her orders being issued, and she closed on the house on 8
August 2013. The new home is about the same distance to her child's
medical treatment center, and provides a better dwelling for her
child. Additionally, Petitioner transferred from Norfolk, VA to Fort
Eustis, VA, 32 miles away. The Board concluded that the record should
be changed to show Petitioner executed a written request to remove the
Household Goods (SHG) funding from her orders issued on 13 October
2011, and to continue BAH entitlement at the Norfolk/Portsmouth, VA
23511 vate prior to PCS. The Board also concluded that the record
should be changed to show Petitioner executed a written request to
continue BAH entitlement at the Norfolk/Portsmouth, VA 23511 rate
after her arrival to new PDS and move to a new home.

RECOMMENDATION:

That Petitioner's naval record be corrected, where appropriate, to
show that:

a. Petitioner executed a written request to remove the Household
Goods {HHG) funding from her orders issued on 13 October 2011. The
request was received by cognizant authority and approved with an
effective date of 14 October 2011. a ’

b. Petitioner executed a written request to continue BAH
entitlement at the Norfolk/Portsmouth, VA 23511 rate. - The request was
received by cognizant authority and approved with an effective date of
S August 2013.

c. Petitioner is authorized Basic Allowance for Housing (BAH)
with dependents at the Norfolk/Portsmouth, VA 23511 rate from 39
November 2011 tc present.

d. A copy of this Report of Proceedings will be filed in
Petitioner’s naval record.
Docket No. NR8&385-13

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.

: i fg .
ROBERT D. ZSALMAN T. ~ MONTGOPER
Recorder Acting Recorder

5. The foregoing action of the Board is submitted for your review
and action.

27 Jun 14 1 See, oh

ROBERT D. ZSALMAN
Acting Executive Director

Reviewed and approved. LE fbr ef 2/1

ROBERT L. WOODS
Assistant General Counsel

Isa : (Manpower and Reserve Affairs)
1000 Navy Pentagon, Rm 40548
Washington, DC 20356-1000