DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 818-18 AUG 19 2019 Dear : This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 15 52. 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 12 March 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 Office of the Chief of Naval Operations memorandum 7220 Ser Nl30C2/18U1621 of 4 October 2018 and your response to the opinion. On 25 August 2015, you reported to the Naval Hospital , . On 7 September 2015, you became married. On 14 September 2015, you updated your Record of Emergency Data (NAVPER 1070/602) and thereafter your Overseas Housing Allowance (OHA) was changed to the with dependent rate. On 7 June 2017 the Officer in Charge (OIC), Personnel Support Detachment (PSD) wrote a memorandum indicating he discussed command sponsorship for your husband and you chose not to have him command sponsored. On 2 October 2017, you acquired a child through birth and subsequently updated your NAVPER 1070/602 on 31 October 2017. On 1 November 2017, your Cost of Living Allowance (COLA) increased. On 1 August 2018 you detached Naval Hospital . You requested your COLA entitlements to be backdated to September 2015. 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 that you were briefed by the OIC, PSD and you chose not to command sponsor your new spouse. The Board determined your tour extension from 24 months to 36 months was in accordance with Military Personnel Manual (MILPERSMAN) 1300-308. MILPERSMAN 1300-308 states 'Examples of situations when PRDs require adjustments are as follows: (2) Family member(s) arriving in a "tourist status" or are newly acquired and subsequently become "command sponsored" family member(s). Moreover Joint Travel Regulation specifies that members are authorized COLA for all command-sponsored dependents. Although there is no evidence of when your dependents became command sponsored, the Board believe it was 1 November 2017 because that is the effective date, your COLA entitlement increased. 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, Executive Director