Dear ,  
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 
 
A three-member panel of the Board, sitting in executive session, considered your application on 5 January 2021.  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 (N130C) memorandum 7431 Ser N130C2/20U1760 of 23 November 2020 and your response to the opinion.   
 
On 20 June 2011, you entered the Navy onto active duty.  On 26 April 2014, your child was born.  On 19 September 2017, you became divorced.  On 15 June 2018, you were directed to pay child support.   
 
You requested to receive back pay for Basic Allowance for Housing (BAH) deducted from 19 September 2017 to 19 February 2018 and to receive BAH with dependents for the same time frame and for the remainder of 2018.  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 upon your divorce, you were not directed to pay child support.  Upon your divorce, you chose to not contact government housing office and allowed your former spouse and child to live in government quarters; without authorization, while you lived off base.  The Board noted that you received BAH at the with dependent rate up to the date of your divorce.  Due to the divorce decree not directing you to pay child support and having no authorization from your command to live out in town, you did not rate BAH at the single rate until approved.  On 15 June 2018, you were directed by the court to pay child support, your BAH at the with dependent rate was started.  The Board found no error or injustice to warrant a change to your record.  In this connection, the Board did not concurred with the comments contained in the advisory opinion. 
 
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,