DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490

Docket No. 4666-18       
Ref: Signature Date 

This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (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 9 July 2019.  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 (AO) by Chief of Naval Operations (CNO) memorandum 7220 Ser N130C2/19U0509 of 20 March 2019, which was provided to you for comment and your response to the AO. 

On 17 July 2015, you reported to your ultimate duty station (UDS) in               .  On 29 July 2015, you signed a lease located at      effective 1 September 2015 and terminating 31 August 2016.  On 1 March 2016, you signed a six month lease located at new location in      and retained this address.  On 21 April 2016, you completed a Navy Recruiting District (NRD)      Move Request – Short Distance (No Cost) move.  On 7 September 2018, you transferred from Recruiting Duty. 

You requested to be reimbursed the Basic Allowance for Housing (BAH) that you had to pay back to the Defense Finance and Accounting Service.  The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions.  The Board concluded that there is no proof of you receiving orders to move from your duty station to the NRD Headquarters.  In addition, you submitted a request for a short distant no cost move.  The Board also agreed that you did not receive subsequent BUPERS orders authorizing a move.  The Board noted that your short distance no cost move request, is a shorter commute. Lastly, the day after you submitted your no cost move, the Office of the Chief of Naval Operations (OPNAV) N13 notified Navy Recruiting Command (NRC) and       that there is no authority to change a member’s housing and station allowances without being issued a subsequent order from Navy Personnel Command.  In this connection, the Board substantially concurred with the comments contained in the AO. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken.  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, 


10/7/2019