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 relevant portions of your naval record and your application, 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 3 September 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.  
  
On 24 May 2016, you received official change duty orders (BUPERS order: 1456).  On 10 October 2016, you departed .  On 17 October 2016, you arrived to   for duty, and began to receive BAH at the with-dependent rate for .  On 6 February 2017, you got married in .  On 17 January 2019, your child was born.  
On 22 August 2019, you were transferred.  On 2 October 2019, you arrived to the USS   for duty, and began to receive COLA at the  location (3 dependents). 
 
You requested Overseas Housing Allowance (OHA) based on your dependent spouse location in  after your marriage on 6 February 2017; the Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions.  Nevertheless, the Board concluded that upon your marriage in , your Permanent Duty Station (PDS) was located on  and you were receiving Basic Allowance for Housing (BAH) based on this location.  In accordance with the Joint Travel Regulations, unless otherwise authorized/approved, a member’s housing allowance is based on the PDS. Furthermore, your dependent spouse accepted a job offer with an effective start date of 16 February 2017.  Therefore, her location of  was voluntary and no entitlement of OHA is warranted.   
 
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,