DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2490
BAN
Docket No. 07748-12
14 November 2012
This is in reference to your application for correction of your
naval record pursuant to the provisions of 10 USC 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 5 November 2012. 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, your naval record and applicable statutes,
regulations and policies. The Board considered the advisory
opinion furnished by the Chief of Naval Personnel (CNP) memo
7220 Ser N130C/12U1133 of 26 Sep 2012, a copy of which is
attached.
However, after careful and conscientious consideration of the
entire record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice. In making this determination, the Board did
not concurred with the comments contained in the advisory
opinion. Documents in your record show that you fraudulently
enlisted in the Navy when you claimed to have zero dependents
when, in fact, you had one child. Further, the Board noted you
were lucky to receive Basic Allowance for Housing (BAH) at the
dependent rate in 2010. Accordingly, your application has been
denied for a back dated payment for BAH at the dependent rate
from your date of entry in 2008 to 2010. The names and votes of
the members of the panel will be furnished upon request.
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 and
material evidence or other matter not previously considered by
Docket No. 07748-12
the Board. In this regard, it is also 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.
DAVI CAS
Acti ead, Pay Section
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