DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 7048-17 JAN 28 2019 Dear , This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10 United States Code § 1552. After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice. Consequently, your application has been denied. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 September 2018. 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 the Chief of Naval Operations (CNO) memorandum 7220 Ser N130C6/l8U0821 of 14 May 2018 and your response to the opinion. On 13 October 2015, you arrived to and joined the for duty. Meanwhile, your spouse was residing in . On 18 November 2015, you entered a rental agreement with Apartments on a month to month basis. Effective 12 December 2015, your Basic Allowance for Housing (BAH) was changed to . On 23 January 2017, you divorced, and your BAH stopped. On or about March/ April 2017, you submitted a NAVPERS 1336/3 (Special Request/Authorization), requesting single BAH effective the date after your divorce; it was approved by cognizant authority on 3 April 2017. On 3 April 2017, the Unaccompanied Housing Office stated that you had never resided in Unaccompanied Housing , and approved your request effective 4 April 2017. On 16 May 2017, your single BAH was started effective 4 April 2017. On 16 May 2017, you submitted a NAVPERS 1336/3 (Special Request/ Authorization), requesting single BAH back pay from 9 February 2017 to 3 April 20 17; it was approved by cognizant authority on 24 May 20 17. On 30 June 2017, the Unaccompanied Housing Office recommended that you submit a request for back from 9 February 2017 to 3 April 2017 via N130/BCNR. On 9 May 2017, you remarried. You requested to receive BAH single from 9 February 2017 to 3 April 2017. The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions. Nevertheless, the Board concluded per the Joint Travel Regulations, a member without dependents in grade E-5 assigned to permanent sea duty aboard a ship cannot elect to not occupy assigned shipboard Government quarters and receive BAH. Per Command Pay and Personnel Administrator (CPPA), a member who was previously married and then divorced is not automatically entitled to single-BAH. The member must have a Command and Central Billeting/Combined Bachelor Housing approval to receive single-BAH. Once the request is approved, then the member's single-BAH can be authorized. In this connection, the Board substantially concurred with the comments contained in the advisory opinion. It is regretted that the circumstances of your case are such that favorable action cannot be taken at this time. You are entitled to have the Board reconsider its decision upon the submission of new and material evidence. New evidence is evidence not previously 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, Executive Director