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 relevant portions of your naval record and your application, 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 30 June 2020.  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 21 September 1998, you entered active duty as a Seaman.  On 19 June 2008, you were assigned to the   On 1 February 2013, you commissioned as an Ensign in the U.S. Navy (Temporary), and you transferred from your duty station.  After graduating from Officer Training Command and other schools, you reported to the - on 6 August 2013, for duty.   
 
You requested Career Sea Pay and Basic Allowance Substance be adjusted in accordance with DoD 7000.14-R, paragraph 010303 (Saved pay and allowances); 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 DoD 7000.14-R Financial Management Regulation, Volume 7A, Chapter 1, paragraph 010303, D7 states that for appointments accepted on or after January 6, 2006, in determining the amount of pay and allowances of a grade formerly held by an officer who was an enlisted member and accepted an appointment as an officer, the following special and incentive pays may be considered only so long as the officer continues to perform the duty that creates the entitlement to, or eligibility for, that pay and would otherwise be eligible to receive that pay in the former grade: Career sea pay.  When you transferred to the  there was no evidence that you performed the duty that created the entitlement to Career Sea Pay in your former grade.  

Furthermore, Board concluded that in accordance with DoD 7000.14-R Financial Management Regulation, Volume 7A, Chapter 1, paragraph 010303, D5, for enlisted members, BAS is the alternative for subsistence in kind. Since officers are not authorized subsistence in kind, a member eligible for saved pay is entitled to the appropriate BAS rate (including the “when permitted to mess separately rate” even when subsistence in kind otherwise would be provided or made available) under the conditions prevailing for enlisted members at their permanent station. Credit BAS at the “when permitted to mess separately rate” at all times, except when the member would otherwise be entitled to a different rate.  When you transferred to the   there was no evidence that you were eligible for saved pay.  
 
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.