From:  Chairman, Board for Correction of Naval Records 
To:     Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD ICO   
  
 
Ref:   (a) Title 10 U.S.C. § 1552 
 (b) Joint travel Regulations 2018 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) CNP memo 7220 N130C1/20U1417 of 11 Sep 20 
        (3) Subject’s naval record 
 
1.  Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that his naval record be corrected to show Petitioner received Basic Allowance For Housing (BAH) at the with dependent rate from 11 March 2018 to 31 January 2020. 
                                              
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 12 January 2021 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, having 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 regulations within the Department of the Navy. 
 
     b.  On 17 July 2014, Petitioner entered active duty. 
 
     c.  On 11 March 2015, Petitioner arrived to USS  (SSN ) for duty. 
 
     d.  In accordance with reference (b), if a service member acquires a dependent, including a dependent acquired while on authorized leave, and is not assigned Government quarters on that date, Then BAH or OHA at the with-dependent rate begins on the date the dependent is acquired. This applies to the sole dependent of a Service member. It applies to any dependent on whose behalf a Service member is authorized increased BAH or OHA.  
 
     e.  On 27 February 2018, Petitioner began to receive BAH at the without-dependent rate for   
 
     f.  On 11 March 2018, Petitioner got married.  
 
     g.  On 3 July 2019, Petitioner transferred.  From 5 July 2019 to 2 August 2019, Petitioner was on temporary duty.        
 
     h.  On 29 August 2019, Petitioner arrived to  for duty.  Furthermore, Petitioner began to receive BAH at the without-dependent rate for  . 
 
     i.  On 28 January 2020, Petitioner began to receive BAH at the with-dependent rate for  effective 5 July 2019 and  effective 29 August 2019. 
  
     j.  In correspondence attached as enclosure (2), the office having cognizance over the subject matter addressed in Petitioner’s application has commented to the effect that the request has merit and warrants partial favorable action. 
                                
CONCLUSION 
 
Upon review and consideration of all the evidence of record, and especially in light of the contents of enclosure (2), the Board finds the existence of an injustice warranting the following partial corrective action.  The Board concluded that Petitioner should have been receiving BAH at the with-dependent rate starting date of marriage; however, on 28 January 2020, Petitioner began to receive BAH at the with-dependent rate effective 5 July 2019 vice 11 March 2018. 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner was authorized BAH at the with-dependent rate for , from 11 March 2018 to 4 July 2019.   
 
That part of the Petitioner's request for corrective action that exceeds the foregoing is denied.  Petitioner received the correct BAH from 5 July 2019 to present.  
 
Note: Defense Finance & Accounting Service (DFAS) will complete an audit of Petitioner’s records to determine if Petitioner is due any back pay and allowances. 
                                                             
A copy of this Report of Proceedings will be filed in Petitioner’s naval record. 
 
4.  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.  Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(e)), and having assured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the authority of the reference, has been approved by the Board on behalf of the Secretary of the Navy.