Dear   
 
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 July 12, 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 (AO) by OPNAV N130C2, memo 7431 Ser N130C2/19U0812 of 16 May 2019.  The enclosed AO was sent to you on May 29, 2019 for an opportunity to comment prior to being considered by the Board.  After the 30-day period for comment expired without a response, the case was presented to the Board. 
    
You requested Basic Allowance for Housing (BAH) back pay starting May 24, 2017 vice August 21, 2017.  The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your contentions that you had submitted a secondary dependency application through your chain of command in which was signed by your Commanding Officer (CO) on May 24, 2017; two months later you followed-up and were told that the package never went through and Defense Finance & Accounting Service (DFAS) was unable to open the file; the request was sent again and about two months later you followed-up and were told the same thing; two months later you received approval, back dating your request to August 21, 2017; and based on the time delay you whet through six months of financial distress and were only back paid for half the time. 
 
 
The Board noted that no evidence of the CO’s approval on May 24, 2017 was provided and concluded that DFAS-IN Office of General Counsel Military & Civilian is the final approval authority for secondary dependents, which applied the effective date of August 21, 2017.   
 
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.