DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 7639-20 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD ICO FORMER Ref: (a) Title 10 U.S.C. § 1552 (b) DoD 7000.14-R FMR Volume 7A, Chapter 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 her naval record be corrected to show Petitioner received Basic Allowance for Housing (BAH) at the with-dependent rate from 4 March 2019 to 9 April 2020. 2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 29 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. On 6 September 2016, Petitioner got married. c. On 2 June 2017, Petitioner transferred, and arrived to , on 12 June 2017. d. On 12 June 2017, Petitioner started receiving BAH at the without-dependent rate for area . e. In accordance with reference (b), When two Service members have a dependent, the Service members must choose which one will receive BAH or OHA at the with-dependent rate. If they cannot agree, then the senior Service member receives the with-dependent rate. The Service members may subsequently elect to transfer BAH authorization from one Service member to the other for any reason. Changes are effective as of the election date and may not be applied retroactively. f. On , Petitioner’s child was born. Furthermore, Petitioner enrolled her child in Defense Enrollment Eligibility Reporting System (DEERS). g. On 9 April 2020, Petitioner was honorably discharged upon completion of required active service. Furthermore, BAH at the without-dependent rate for area stopped. h. Petitioner’s active duty spouse Leave and Earnings Statements (LES)s from March 2019 through April 2020 reflect he received BAH at the without-dependent rate for , . i. On 6 May 2020, Petitioner’s spouse was separated from the U.S. Army. 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 neither Petitioner nor her spouse received BAH at the with-dependent rate. Petitioner is entitled to BAH at the with-dependent rate from her child’s birth until her separation from the U.S. Navy. RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: Petitioner was authorized BAH at the with-dependent rate for area , from 4 March 2019 to 9 April 2020. 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. 5/29/2021