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

Docket No. 581-19 
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 11 February 2020.  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.  In addition, the Board considered the advisory opinion contained in Chief of Naval Personnel memorandum 7220 Ser N130C4/19U1945 of 28 October 2019; a copy of which was previously provided to you for comment.
 
On 14 August 2015, you arrived to VAQ 141 for duty.  On 9 March 2018, 4 April 2018, and 9 September 2018, you submitted a Religious Accommodation for Dietary Needs request.  On 5 October 2018, Commanding Officer, Marine Corps Air Station , approved your request.  On 15 December 2018, you transferred. On 23 March 2019, you were released from active duty and transferred to the Navy Reserve. 

You requested that you be credited with Basic Allowance for Subsistence (BAS) during the period you submitted your Religious Accommodation for Dietary Needs request and day it was approved; the Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions.  However, the Board concluded that per DoD 7000.14-R FMR, Volume 7A, Chapter 25, paragraph 250202.B6 enlisted members who change BAS status at the direction or by permission of a commander, under blanket authority, or at the member’s request will have the entitlement change take effect at the beginning of the day specified in writing by the commander.  The approval letter did not indicate a prior start date.  Furthermore, MILPERSMAN 7220-150 paragraph 3a states that the RCO (Responsible Commanding Officer) is the sole authority for granting authorizations to mess separately for Service members of his or her command as well as Service members of commands serviced by that mess. In this connection, the Board substantially concurred with the comments contained in the advisory opinion. 

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,