DEPARTHIENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
HCG
Docket No. NR3222-14
14 Nov 14
From Chairman, Board for Correction of Maval Pecords
To Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD ICO
Ref: (a) Title 10 U.S.C. 1552
Enel: (1) DD Form 149 w/attachments
(2) OCNO memo 7220 Ser N130C/14U1252 dtd 24 Sep 14
‘(3) Permanent Change of Station Orders (0822} dtd 22 Mar 12°
(4) Family Entry Approval message dtd 28 Sep 12
(5) CO (Destroyer Squadron fifteen) letter 1300 Ser 00/003 dtd
8 Jan 13
(6) Naval Personnel Comand message dtd 18 Jan 13
(7) Dependency Application/Record of Emergency data dtd
8 Jan 12 .
(8) Personnel Online Listing (POLL) dtd 13 Nov 14
(9) Defense Joint Military Pay System (DJMS) dtd 13 Nov 14
(10) Permanent Change of Station Orders modification dtd
25 Sep 12
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 reflect authorization to pay Basic Allowance for Housing (BAH).
reviewed Petitioner's allegations of error and injustice on 30 October
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 ail 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. On 22 March 2012, Petitioner
{PCS) Orders (BUPERS Order 0822) to
serve an accompanied tour with a report date of
enclosure (3).
ty Station
or duty to
See
Docket No, NRSZz2-14
Cc. On (EEE Petitioner received modification to his
Permanent Duty Station (PCS) Orders to gy serve
an accompanied tour with a report date of yg See
enclosure (10).
A petitioner departed 7-PK?, (IIIs mms,
Sox Temporary Additional Duty (TAD) en route, and
CSrrived (Co 5$U, [iii reer.
enclosures (8) and (10).
e. Petitioner depart cd EMD: or Temporary
Additional Duty (TAD) en route and arrived to
ED see enclosures (8) and (10).
£. Petitioner depart ccjggiiiiIySII=IIIIII=0 iii IIIEN wememens,
on Permanent Duty Station (PCS) Orders (BUPERS Order 0822) ti
CUE << enclosures (6) and (10).
g. Approximately 1 week prior to Petitioner's departure date
from when trying to obtain his issued
government tickets, retita r was. informed by the Travel Office that
tickets for his dependents could not be issued due to the fact that
they did not have Government No Fee Passports, only Tourist Passports.
Petitioner’s dependent spouse did not have her birth certificate,
which was required to obtain a No Fee Passport, due to it being with
the Household Goods (HHG) shipment that already been initiated.
Petitioner’s spouse filed for the dependent son’s passport; once her
birth certificate was requested and received, spouse filed for her own
passport. See enclosure (7).
h. Petitioner arrived to ee
or duty. See enclosure (8).
¢
£
i At this time, BAH was stopped and Petitioner was assignea@ to
unaccompanied barracks. Dependents remained in
ermcrnad Petiti a re o receive BAH for
ependents at — (MHA) rate
See enclosure (5).
while awaiting passports.
j- on BAH request was subsequently denied by
Commander, Naval Personnel Command. See enclosure (6).
k. 0 Petitioner's dependents arrived in
See enclosure (9).
1. 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 the request has merit and
Warrants a partially favorable action. The advisory opinion states
that the reason the Petitioner is requesting BAH (not in possession of
No Fee Passports for dependents) is not covered under the normal
2
Docket NO. NKS222-14
circumstances.in which a Service may authorize BAH in the Joint
Federal Travel Regulation (JFTR). The.regulation states that the
delay must be a result of military orders or government ac&sion or
inaction and no fault of the member or the dependent.
However a nartiall
sae ——e = Po
yv favorable action was given due to the.fgect that
the Petitioner has a school age child and TAD en route (both
acceptable reasons to authorize BAH-for delayed travel) and has
recommended paying BAH through the end of the fall semester (Ey
Fag
Se
CONCLUSION oe we
sh o
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 corrective action. The Board
gave great consideration.to the fact that the Petitioner was released
from the PSD without having Government No Fee Passports in his
possession and finds fault in the PSD for not providing the Petitioner
with the accurate informatiqa, he needed to complete a smooth
transition with his Pcs.
RECOMMENDATION:
That Petitioner's naval record be corrected, where appropriate, to
show that: .
a. The Petitioner’s Permanent Change of Station (PCS) Orders ©
(BUPERS 0822 dtd 25 Sep 2012) are to reflect that DELAYED TRAVEL of
dependents is authorized.
a
# owe
“b, BAH is authorized for the (MHA) rate of the old (PDS) of
San Diego, CA 92106 from 25 November 2012 - 22 February 2013. Note:
this BAH covers the time from when the Petitioner arrived in Japan
until the date prior to his dependents arrival in Japan.
c, A copy ‘of this Report of p¥oceedings will he 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.
Dockel No. WR3Szz22-14
5. The foregoing action of the Board is submitted for your review
and action.
ROBERT UT. O'NEIDI,
Executive Director
Reviewed and approved,
MH Wt PP
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