From:  Chairman, Board for Correction of Naval Records 
To:     Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD OF  USNR,  XXX-XX-  
 
Ref:   (a) Title 10 U.S.C. § 1552 
       (b) Joint Travel Regulations Chapter 10 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) 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 was eligible for and received Basic Allowance for Housing (BAH) at the with-dependents rate effective 24 November 2016.   
                                              
2.  The Board, consisting of reviewed Petitioner’s allegations of error and injustice on 8 April 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.  In accordance with reference (b) [2016], Adopted children, illegitimate children, and stepchild(ren) are primary dependents. As a result, a dependency determination is no longer required for these dependents.  
 
A member who claims a housing allowance for an adopted child, stepchild, or a child born 
out of wedlock (parents are not married to each other at the time of the child’s birth) must provide proof of parentage as follows: …For a child born out of wedlock, a birth certificate with the member’s name cited is required. If the member’s name is not stated on the birth certificate, or a court-order, obtain a signed statement of parentage from the member. If the illegitimate child(ren) is (are) not in the custody of the member parent, the case is treated IAW the rules for BAH-DIFF. The same rules apply when applicable to a member-mother not having custody. See par. 10008. 
 
The member-parent may claim a dependent child(ren), adopted child(ren), illegitimate child(ren), and stepchild(ren) for housing allowance purposes. Proof of dependent support is ordinarily not required.  The provisions of 10106-A are applied. The member is authorized a housing allowance if the member contributes to the dependent(s)’ support and that support is not less than the applicable BAH-DIFF. This includes a member authorized BAH-DIFF and a member assigned to single type Gov’t Qtrs when the child(ren) is/are in the physical custody of another person. 
 
     c.  On 24 November 2016, Petitioner’s first child was born. 
 
     d.  On 25 September 2017, Petitioner’s future wife signed an notarized affidavit stating that Petitioner was providing $1,000 a month child support since their child’s birth. 
 
     e.  On 1 January 2018, Petitioner began to receive BAH at the with-dependents rate for  
 
     f.  On 17 January 2018, Petitioner got married. 
 
     g.  On 17 September 2018, Petitioner transferred from  
 
     h.  On 30 September 2019, Petitioner was discharged upon completion of required active service. 
 
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 corrective action.  The Board concluded that there’s evidence that Petitioner was paying child support since the date of his child’s birth.  
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner was authorized BAH at the with-dependents rate for  , from 24 November 2016 to 31 December 2017.   
                                                             
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. 
 
          
5/11/2021
Deputy Director