DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON. VA 22204-2490 Docket No. 670-18 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD ICO FORMER MEMBER USN, XXX-XX- Ref: (a) 10 U.S.C. § 1552 (b) JTR Chapter 10 Encl: (1) DD Form 149 of 8/9 Jan 18 (2) Petitioner's spouse's DD Form 214 of 1 Aug 16 (3) Petitioner's DD Form 214 of20 Feb 17 (4) History of Assignments (5) NA VPERS 1070/602 of 25 Oct 16 (6) Petitioner's MMPA BAH printout (7) Petitioner's spouse's MMPA BAH printout (8) OCNO memo 7220 Ser N130C2/18U1624 of 4 Oct 18 1. Pursuant to the provisions of the reference, Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board, requesting that his naval record be corrected to reflect her entitlement to unpaid Basic Allowance for Housing (BAH) dependent portion. 2. The Board, consisting of reviewed Petitioner's allegations of error and injustice on 22 February 2019 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, relevant portions of Petitioner' s naval record, and applicable statutes, regulations, and policies. 3. The Board, ha ing 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 regulation within the Department of the Navy. b. On 2 August 2011 , Petitioner' s spouse entered active service. See enclosure (2). c. On 21 February 2012, Petitioner entered active service. See enclosure (3). d. On 22 September 2012, Petitioner arrived at her duty station (NMCB 4). See enclosure (4). e. On 10 April 2014, Petitioner married See enclosure (5). f. On 12 April 2014, Petitioner began to receive BAH at the without-dependent rate for See enclosure (6). g. On 6 May 2014, Petitioner transferred from her duty station and arrived at for duty. See enclosure (4). h. From 16 July 2014 until 1 August 2016, Petitioner's spouse received BAH at the without­dependent rate for See enclosure (7). i. On 1 December 2014, Petitioner's daughter was born. See enclosure (5). j. On 6 June 2016, Petitioner's son was born. See enclosure (5). k. On 1 August 2016, Petitioner's spouse was released from active duty and transferred to the Navy Reserve. See enclosure (2). 1. On 2 August 2016, Petitioner began to receive BAH at the with-dependent rate for , , . See enclosure (6). m. On 20 February 2017, Petitioner was released from active duty and transferred to the Navy Reserve. See enclosure (3). n. On 4 October 2018, the Office of the Chief of Naval Operations issued an advisory opinion (AO) that concluded that ''N130C cannot recommend the case be approved. According to the attached leave and earning statement, the member was being paid a BAH for the zip code in question." See enclosure (8). CONCLUSION Upon review and consideration of all the evidence of record, and especially in light of the contents of reference (b ), the Board finds the existence of an injustice and concluded that Petitioner's request warrants corrective action. Although the Board concurred with the AO, the AO failed to address the fact that both Petitioner and her active-duty spouse received BAH (member married to member) at the no-dependent rate. Furthermore, the evidence is clear that, although Petitioner had a dependent child effective 1 December 2014, she did not receive BAH at the with-dependents rate until 2 August 2016, after her spouse was released from active service. RECOMMENDATION That Petitioner's naval record be corrected, where appropriate, to show that: Petitioner was authorized BAH at the with-dependent rate for December 2014 to 1 August 2016. Note: The Defense Finance and Accounting Service (DF AS) will complete an audit of Petitioner's records to determine if she is due any back pay. 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 a 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. 5. The foregoing action of the Board is submitted for your review and action. Executive Director Reviewed and Approved. AUG 12 2019 Assistant General Counsel (M&RA)