DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

LCC
Docket No. 1378-07
19 Apr 07

This is in reference to your application for correction of your naval record pursuant to the provisions of 10 USC 1552.

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 April 2007. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. In addition, the Board considered the advisory opinion furnished by CNO memorandum 7220 Ser Nl30 4/07U0285, 29 March 2007, a copy of which is attached.

After careful and conscientious consideration of the entire record, a majority of the Board found that the evidence submitted was insufficient to establish the existence of probable material error or injustice. In this connection, the Board substantially concurred with the comments contained in the advisory opinion. Accordingly, your application has been denied. The names and votes of the members of the panel will be furnished upon request.

It i regretted that the circumstances of your case are such that favorable action cannot be taken. You are entitled to have the Board reconsider its decision upon submission of new and material evidence or o her matter not previously considered by the Board. In this regard, it is also important to keep in mind that a presumption of regularity attaches to all official records. Consequently, when applying for a correction of an official naval record, the burden is on t e applicant to demonstrate the existence of probable material error or injustice.

						
W.	DEAN PFEIFFER
Executive Director

Enclosure

					DEPARTMENT OF THE NAVY
					OFFICE OF THE CHIEF OF NAVAL OPERATIONS
 						  2000 NAVY PENTAGON
						WASHINGTON, D.C. 20350-2000

7220
Ser N130C4/07U0285
29 Mar 07

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS

Subj: REQUEST FOR CONMENT AND RECOMMENDATION

Via:	Assistant for BCNR Matters, Pers-OOXCB 

		Ref: 	(a) NAVADMIN 238/05
 		       (b) OPNAVINST 7220.12

		End:	(1)	BCNR Case File #01378-07

1.	Per your request, the following recommendation concerning enclosure (1) is provided.

2.	Enclosure (1) indicates a request for retroactive payment of Basic Allowance for Housing (BAH) at the with-dependent rate for       (dependents location) effective 4 Nov 04.

3.	IAW reference (a), NAS Pensacola was designated as a critical housing area (CHA) in 21 Sep 05, therefore the petitioner does not meet the criteria of reference (b) and is entitled to BAH based on his PDS.

4.	N13OC recommends disapproval of the petitioner’s request for retroactive payment of BAH at dependents location (Miami, FL).

W.	DEAN PFEIFFER
Executive Director

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