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

Docket No. 1409-19
From:  Chairman, Board for Correction of Naval Records 
To:     Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD   
   
 
Ref:   (a) Title 10 U.S.C. §1552 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) OCNO memo 7431 Ser N130C2/19U1752 of 18 Sep 19 
        (3) Subject’s naval record 
 
1.  Pursuant to the provisions of reference (a) Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show Petitioner was entitled to Basic Allowance for Housing (BAH) at the with-dependents rate effective 17 September 2017. 
                                              
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 4 October 2019 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record.  Documentary material considered by the Board consisted of the enclosures, relevant portions of Petitioner’s naval record, and applicable statutes, regulations and policies. 
 
3.  The Board, having reviewed all the facts of record pertaining to Petitioner’s allegations of error and injustice, finds as follows: 
 
     a.  Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. 
 
     b.  On 20 June 2016, Petitioner married another military member both receiving BAH at the without-dependents rate. 
 
     c.  On   , Petitioner’s child was born. 
 
     d.  On 17 September 2018, Petitioner began to receive BAH at the with-dependents rate.  Furthermore, Petitioner’s spouse continued to receive BAH at the without-         dependents rate to present.  
 
     e.  In correspondence attached as enclosure (2), the office having cognizance over the subject matter addressed in Petitioner’s application that Petitioner is married to          another military member and has one dependent child. 
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, and especially in light of the contents of enclosure (2), the Board finds the existence of an injustice warranting the following corrective action.  The Board concluded that since the birth of Petitioner’s child, his spouse has never received BAH at the with-dependents rate.  Furthermore, Petitioner began to receive BAH at the with-dependents rate on 17 September 2018, instead of 17 September 2017.  Nevertheless, Petitioner rates BAH at the with-dependents rate from the day his child was born. 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner was authorized BAH at the with-dependent rate for , from 17 September 2017 to present.   
 
Note:  Defense Finance & Accounting Service (DFAS) will complete an audit of Petitioner’s records to determine if Petitioner is due any back pay and allowances. 
                                                             
A copy of this Report of Proceedings will be filed in Petitioner’s naval record. 
 
4.  It is certified that quorum was present at the Board’s review and deliberations, and that the foregoing is a true and complete record of the Board’s proceedings in the above entitled matter. 
 
5.  Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(e)) and having assured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the authority of reference (a), has been approved by the Board on behalf of the Secretary of the Navy.