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

Docket No. 2544-19 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 17 September 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. 
 
On 6 September 2016, your spouse was placed onto the Exceptional Family Member Program in category 4.  On 15 March 2017, you were issued official modification to change duty orders (BUPERS Order 2956).  On 10 April 2017, you transferred from San Diego, CA and arrived to Norfolk, VA on 3 May 2017.  You received Family Separation Allowance (FSA-S) from 11 April 2018 to 20 July 2018 and 28 August 2018 to 15 December 2018, and FSA-R from 16 December 2018. You requested payment for Family Separation Allowance Restricted (FSA-R) effective 3 May 2017 vice 2 September 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 you executed orders, which authorized dependents travel. Furthermore, per MILPERSMAN 1300-700 states that category 4 normally, no overseas assignments. CONUS assignments only and must be near major medical areas, including Board determined that medical care was available at you new Permanent Duty Station. 

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.