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

Docket No. 9462-18 
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 3 December 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 Chief of Naval Operations (CNO) memorandum 7431 Ser N130C2 /19U1946 of 28 October 2019, which a copy was previously provided to you for comment. 
 
On 7 November 2014, you were issued BUPERS Order .  On 12 March 2015, you reported to your unit in            .  On 8 June 2015, you were approved for your parents to be your secondary dependents.  On 5 December 2016, you were issued BUPERS Order 3406 and reported to             ,      on 12 April 2017. 

You requested to be reimbursed for the cost of the flight of your secondary dependents from          to            ,    .  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 you are not entitled transportation of your secondary dependents because they were not command sponsored at your overseas permanent duty station (PDS).  In accordance with the Joint Travel Regulation (JTR), even though your secondary dependents were acquired before your BUPERS Orders were issued on 5 December 2016 [“A member who acquires a dependent, on or before the PCS order effective date, is authorized dependent travel and transportation allowances from the place at which the dependent is acquired to the new PDS”].  Your dependents were acquired while they were living in the United States and it was a personal choice for them to fly to          .  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, 


3/16/2020