Docket No. 6104-20
Ref: Signature Date
 

 
Dear ,  
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  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 insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied.     
 
A three-member panel of the Board, sitting in executive session, considered your application on 5 January 2021.  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 Office of the Chief of Naval Operations memorandum 7431 Ser N130C2/20U1678 of 3 November 2020; a copy of which was previously provided to you for comment.  
 
On 30 April 1998, you were married.  On 16 October 2019, you were issued official modification to change duty orders (BUPERS order: 2689) detaching from  and arriving to  for duty.  On 28 October 2019, you departed 
. 
On 26 November 2019, you arrived to  for duty.  Furthermore, you began to receive Basic Allowance for Housing (BAH) at the with-dependent rate for .  
 
You requested to adjust BAH entitlement using your dependents location and back pay; 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 in accordance with DoD 7000.14R Financial Management Regulation Volume 7A, Chapter 26, Unless specifically authorized elsewhere in this Chapter, PDS housing allowance eligibility starts on a Service member’s reporting day to a new PDS.  Furthermore, you are serving in an accompanied CONUS tour and you choose not to move your dependents.  In this connection, the Board substantially concurred with the comments contained in the advisory opinion. 
 
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,