From:  Chairman, Board for Correction of Naval Records 
To:     Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD OF  USN, XXX-XX-  
 
Ref:   (a) Title 10 U.S.C. § 1552 
       (b) DoD 7000.14-R FMR Vol. 7A Ch. 26 
 
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 for the period of 29 August 2018 to 15 January 2019.   
                                              
2.  The Board, consisting of reviewed Petitioner’s allegations of error and injustice on 15 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), A Service member’s lawful spouse and legitimate, unmarried, minor children are always dependents for housing allowance purposes.   
 
If a Service member enlists, or is called to extended AD and is not assigned Government quarters for his or herself and any dependents on that date, Then BAH or OHA at the with-dependent rate begins on the date of enlistment or entry on AD. 
 
The BAH rate for a new accession with a dependent is based on the dependent’s location if the location is in the United States. 
 
When the Service member is assigned to a PDS in the CONUS, the housing allowance is authorized based on the PDS.  
 
     c.  On 26 June 2018, Petitioner’s DD Form 1966/1 (Record of military processing – armed forces of the United States) was issued and certified.  Block 8 (Marital Status) listed Single.  
 
     d.  On 27 August 2018, Petitioner got married.  Petitioner’s spouse was residing at . 
 
     e.  On 29 August 2018, Petitioner entered active duty. 
 
     f.  On 16 January 2019, Petitioner arrived to for duty. 
 
     g.  On 3 December 2019, Petitioner enrolled his spouse in DEERS via a DD Form 1172/2 (Application for identification card/DEERS enrollment). 
 
     h.  On 6 December 2019, Petitioner certified a DD Form 93 (Record of Emergency Data) listing his spouse.  
 
     i.  On 28 April 2020, Petitioner certified a NAVPERS 1070/602 (Dependency Application) listing his spouse.  Furthermore, it states that “Updated due to marriage member has been married since August 2018. BAH back pay is also required.”  
 
     j.  On 17 July 2020, BAH at the with-dependents rate for  was started effective 1 September 2019.   
                                
CONCLUSION 
 
Upon review and consideration of all the evidence of record, and especially in light of the contents of reference (b), the Board finds the existence of an injustice warranting the following corrective action.  The Board concluded that Petitioner was married prior to entering active duty in the U.S. Navy and was eligible for and entitled to BAH at the with-dependents rate from date of active duty.  Due to administrative oversight, BAH was not credited until 17 July 2020 and was only backdated to 1 September 2019.    
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner was authorized BAH at the with-dependents rate for  from 29 August 2018 to 15 January 2019.  
 
Petitioner was authorized BAH at the with-dependents rate for  , effective 16 January 2019 vice 1 September 2019.   
                                                             
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. 
 
5/20/2021
Deputy Director