Docket No. 2775-19 
Ref:   Signature Date

From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD OF     , USN,  
 
Ref:   (a) Title 10 U.S.C. §1552 
       (b) Joint Travel Regulations 
       (c) OPNAVINST 7220.12 w/ch 1 
             
Encl:  (1) DD Form 149 of 06 Sep 19 
       (2) NSIPS History of Assignments 
       (3) MMPA BAH Screenshot 19 Jan 15 
       (4)           (Residence History Report) 
       (5) Divorce Decree of 29 Jun 15 
       (6) NSIPS NAVPERS 1070/602 of 8 Nov 17 
       (7) Lease Agreement of 24 Mar 16 
       (8) June/July 2016 Leave and Earnings Statements 
       (9) Special Request (BAH at Single Rate) of 27 Jul 16 
       (10) MMPA BAH Screenshot 1 Jul 16 
       (11) CO memo 1000 Ser NPTU-00/371 of 14 Jul 20 
       (12) CNO memo 7220 Ser N130C3/20U0719 21 May 20 
       (13) Petitioner Rebuttal Statement 
       (14) 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 authorized Basic Allowance for Housing (BAH), at the single rate from June 30, 2015 through June 30, 2016, and Basis Allowance for Housing at dependent rate, for child born out of wedlock effective August 25, 2015. 
                                              
2.  The Board reviewed Petitioner’s allegations of error and injustice on July 16, 2020 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 January 19, 2015, Petitioner joined  Single (Member married to Member), effective this date.  Petitioner residing in apartment located on . See Enclosures (2), (3), and (4). 
 
     c.  On June 29, 2015 Petitioner is divorced from active duty spouse.  See enclosure (5). 
 
     d.  On August 25, 2015 Petitioner’s dependent son is born out of wedlock and later added to Petitioner’s Dependency application on June 24, 2016.  See enclosure (6). 
 
     e.  On March 25, 2016 Petitioner’s lease for apartment located in  is effective.  See enclosure (7). 
 
     f.  During month of July 2016, Petitioner’s BAH at single rate (Active Duty Spouse) is changed to BAH Partial effective August 1, 2015.  See enclosure (8). 
 
     g.  On July 27, 2016 Petitioner submits special request to receive BAH from June 30, 2015 for the city of .  The  manager for  certified Petitioner does not reside in BEQ with note that member has never stayed in the barracks at   BAH request approved effective July 1, 2016.  See enclosure (9). 
 
     h.  Petitioner’s BAH at single rate for zip code  is reported effective July 1, 2016.  See enclosure (10). 
 
     i.  On July 14, 2020 Petitioner’s former Commander of  provides letter to the Board stating BAH application of 2016 was made to correct administrative failure of  to correctly update the Petitioner’s status prior to deployment in 2015.  See enclosure (11). 
 
     j.  Petitioner marries dependent spouse effective December 28, 2016.  See enclosure (6). 
 
     k.  Petitioner contends upon his divorce effective June 29, 2015 he immediately filed all divorce paperwork to his ships office.  He asserts it was not until he submitted documentation for his child born out of wedlock that the administrative error was discovered.  
 
     l.  In correspondence attached as enclosure (12), the office having cognizance over the subject matter addressed in Petitioner’s application has commented to the effect that the request has no merit and warrants unfavorable action. 
 
     m.  Petitioner provides rebuttal statement concerning enclosure (12).  The Petitioner also request BAH Differential (BAH DIFF) for the birth of his son on August 25, 2015.  He asserts that he was denied BAH DIFF due to failure to provide court ordered documentation of legal child support payments.  See enclosure (13). 
                                
CONCLUSION 

Upon review and consideration of all the evidence of record, and especially in light of the contents of enclosures, the Board finds the existence of an injustice warranting the following corrective action: 
 
The Board determined sufficient information was provided to conclude the Petitioner attempted to have records appropriately corrected at the time of his divorce and that the Petitioner continued to reside out in town and was not directed or offered government assigned quarters aboard base.  The Board also determined that per references (b) and (c) court order child support is not required to receive BAH for children born out of wedlock and is authorized unless there is evidence of non-support by the service member.  The Board concluded the Petitioner should receive BAH at the single rate effective June 30, 2015 and BAH with dependents based on payment of child support effective August 25, 2015.  
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Effective June 30, 2015, Petitioner requested and was granted authorization for Basic Allowance for Housing at the Single Rate for Permanent Duty Station . 
 
Effective August 25, 2015, Petitioner requested and was granted authorization for Basic Allowance for Housing at the with-dependent rate for child support for Permanent Duty Station    .  Petitioner continues to receive BAH for child support up to date when Petitioner became entitled to BAH at with dependent rate base on marriage effective December 28, 2016. 
 
Note:  Petitioner’s pay records indicate BAH zip code changed from       ,  due to apparent Homeport Shift effective August 8, 2016.  
            
A copy of this Report of Proceedings will be filed in Petitioner’s naval record. 
 
4.  Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(c)), 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.  The foregoing action of the Board is submitted for your review and action.   
                                                                                                             9/8/2020 
 
   
Assistant General Counsel (Manpower and Reserve Affairs) 
 

9/18/20              

Reviewed and Approved Board Recommendation (Grant Full Relief)