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

Docket No. 5938-18 
Ref: Signature Date

Dear	,

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 25 June 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 contained in the Office of the Chief of Naval Operations (OCNO) memorandum 7220 Ser N130C2/19U0510 of 20 March 2019; a copy of which was previously provided to you for comment.

On 13 April 2017, you were issued official modification to change duty orders (BUPERS order ). On or about 2 June 2017, your dependents departed your duty station. On 5 June 2017, Overseas Housing Allowance (OHA) stopped after your move into temporary quarters. On 21 June 2017, your request for dependent advance travel was approved and authorized effective 6 August 2017, or when dependents arrived in the vicinity of your new permanent duty station, whichever occurs later. On or about 21 July 2017, you were transferred from you duty station (), and arrived to your new duty station in  on 24 July 2017, and Basic Allowance for Housing (BAH) began.

You requested to receive BAH at the dependent location from 2 June through 23 July 2017. The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions. However, the Board concluded that your dependents began travel without authorization, and therefore, entitlement to BAH at the dependents’ location was not 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. 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,

Enclosure:  OCNO memo 7220 Ser N130C2/19U0510 of 20 Mar 19