DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 8226-20 Ref: Signature Date 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 Encl: (1) DD Form 149 w/attachments (2) Marriage Certificate of 18 Mar 17 (3) 24 Area BEQ ltr 11103 24 BEQ of 20 Mar 17 (4) Rental Agreement of 21 Mar 17 (5) Audit Package of 22 May 17 (6) NAVMC 118(11) Administrative Remarks of 22 Oct 18 1. Pursuant to the provisions of the reference, 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 by removing his 22 October 2018 Administrative Remarks (page 11) 6105 counseling entry and rebuttal statement. 2. The Board, consisting of Mr. Mr. and Mr. reviewed Petitioner's allegations of error and injustice on 14 September 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 records, 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, found that, before applying to this Board, he exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. The Board made the following findings: a. On 18 March 2017, Petitioner married an active duty service member. Enclosure (2). b. On 20 March 2017, Petitioner terminated his residence at the Bachelors Enlisted Quarters (BEQ). Enclosure (3). c. On 21 March 2017, Petitioner and his spouse signed a month-to-month lease. Enclosure (4). d. On 4 April 2017, Petitioner and his spouse both deployed to for six months. e. On 22 May 2017, Petitioner completed an administrative audit to document his marriage to an active duty service member and to receive pay entitlements. Enclosure (5). f. On 22 October 2018, Petitioner was issued a page 11 entry counseling him for signing and submitting a false official statement in the form of a document stating “I request BAH Own Right by virtue of maintaining a joint household with my active duty spouse”, which he knew to be an untrue statement because he did not maintain a joint household with is active duty spouse. The page 11 entry also noted that Petitioner was investigated by Criminal Investigation Division (CID) for alleged BAH fraud. Enclosure (6). g. The Petitioner contends that the page 11 is unjust because the entry insinuates that she committed Basic Allowance for Housing (BAH) fraud, when there is no evidence of BAH fraud. Petitioner also contends that he was not found guilty of any Article of the Uniform Code of Military Justice and the command did not have enough evidence for punitive action. Petitioner claims that he started the process of checking out of the barracks to receive pay entitlements, but was not able to complete an administrative audit until his marriage certificate was finalized, which occurred during his deployment. CONCLUSION Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting corrective action. In this regard, the Board noted Petitioner’s contested page 11 entry and determined that the entry is not in error. The Board also noted that Petitioner was married to an active duty service member, Petitioner no longer resided in the BEQ and there was no change to Petitioner’s entitlements after receiving BAH Own Right. The Board determined that Petitioner provided sufficient evidence that his marital status was valid and that he no longer resided in government quarters. The Board found no evidence that Petitioner’s statement was false or intended to fraudulently obtain payment of BAH. Although, the page 11 entry is not in error, the Board also determined that the entry does not form an essential part of Petitioner’s official military record. Accordingly, Petitioner’s contested page 11 entry and rebuttal statement should be removed. RECOMMENDATION In view of the above, the Board directs the following corrective action. Petitioner’s naval record be corrected by removing his 22 October 2018 Administrative Remarks counseling entry and 25 October 2018 rebuttal statement. 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 reference (a), has been approved by the Board on behalf of the Secretary of the Navy. 9/24/2021 Executive Director