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 22 August 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 8 October 2015, you arrived to your new duty station.  On 11 February 2016, you submitted  a special request/authorization requesting BAH at the dependent location at  effective 18 October 2015 and it was approved by your command; however, your BAH request was not ran by your Personnel Support Detachment.  On 9 January 2017, you divorced.  On 3 August 2018, you transferred.  
 
You requested back pay of Basic Allowance for Housing (BAH) at the dependents’ location of  from 18 February 2016 through 19 September 2018; the Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions.  However, per OPNAVINST 7220.12 payment of BAH when member resides separately from dependents.  Payment of BAH based on dependent location for a member who lives separately from dependents due to military necessity may only be authorized when the member is not able to commute daily between the duty station location and the dependents' residence.  The Board concluded that it was your decision not to move your dependents.  You were issued accompanied orders, therefore you were not living separately due to military necessity.  
 
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.   
 
Sincerely,