DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No. 8356-18 
Ref: Signature Date 

Dear

This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied.
 
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 December 2019.  The names and votes of the members of the panel will be furnished upon request.  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, relevant portions of your naval record and applicable statutes, regulations and policies.
 
On , your child was born.  On 12 September 2013, you entered active duty.  On 9 December 2013, you were married and gained a stepchild.  On 23 March 2017, you were divorced.  On 30 March 2017, you were issued official change duty orders (BUPERS order: ).  On 17 April 2017, you transferred from  (), , and arrived to USS  (), .  On 19 April 2018, Unaccompanied Housing Program Director, , indicated that you had never occupied barracks onboard Naval Station .  On 23 April 2018, your special request/authorization requesting Basic Allowance for Housing (BAH) at the without dependents rate effective 11 September 2017 was approved by your Commanding Officer. On 17 May 2018, you were reduced in rank from E-4 to E-3 via Non-Judicial Punishment.   On 8 March 2019, you were discharged from the U.S. Navy. 

You requested to “Regular BAH with dependents to be changed to single BAH with dependents.”  The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions.  The Board concluded that there’s no record of your child in your record.  Furthermore, you provide no evidence that you are paying child support. Lastly, on 17 May 2018, you were reduced in rank from E-4 to E-3 via Non-Judicial Punishment.  Per OPNAVINST 7220.12 “single shipboard E-3 and below sailors, including those who are claiming dependents solely for the purpose of paying child support, are prohibited by law from receiving BAH/OHA.” 

It is 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 matters, which will require you to complete and submit a new DD Form 149. New matters are those not previously presented to or considered by the Board.  In this regard, it is 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 the applicant to demonstrate the existence of probable material error or injustice.  

Sincerely,