DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
DIC
Docket No. NR6175-14
9 Dec 14
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD ICO
Ref: (a) Title 10 U.S.C. 1552
Enel: (1) DD Form 149 w/fattachments
(2) OCNO memo 7220 Ser N130C/14U1189 dtd 10 Sep 14
(3) Certificate of Live Birth issued 6 Jun 13 -
(4) Dependency Application/Record of Emergency Data dtd
29 Feb 12
(S) Dependency Application/Record of Emergency Data dtd .
16 Apr 12
(6) Dependency Application/Record of Emergency Data dtd
, 18 Mar 14
(7) DEERS printout
(8) Order of Child Support No: 11-5-00103-1 dtd 4 Oct 12
(9) Dependency application/Record of emergency data dtd
6 Jun 13 :
(10) DEERS printout
(11) CD, Certificate of Release or
Discharge from Active Duty effective 17 May 13
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 show entitlement to Basic Allowance for Housing Differential (BAH-
DIFF), and Basic Allowance for Housing (BAH) with dependents.
2. The Board, consisting CF in mene
reviewed Petitioner’s allegations of error and injustice on
8 December 2014 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, naval records, 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 Depaxtaent of the Navy.
Docket No. NR6175-14
b. On 23 A 2010, QI was born to Qa
quay See enclosure (3).
c. On 10 December 2011, Petitioner married Qe
See enclosures (4), and (5).
d. On 28 March 2012, (Ey wes born to Qi y
Gummy. s/ee enclosures (6) and (7).
e. Petitioner was court ordered to pay child support payments on
4 October 2012, with an effective 1 September 2010. See enclosure
(8).
f. Petitioner got divorced on 21 November 2012. See enclosure
(9).
g. (former spouse) was released from active
service on 17 May 2013. See enclosure (11). ,
h. Petitioner adopted QP on 1 May 2013. See
enclosure (2).
i. On 6 February 2014 Qs born to
- See enclosures (6) and (10).
k. Per enclosure (2), the Office of the Chief of Naval
Operations provided an advisory opinion concluding that the evidence
submitted by Petitioner is insufficient to support the requested
record change. The advisory opinion, states that BAH-DIFF is not
payable from 1 September 2010 to 30 September 2012 because payment of
-a housing allowance based solely on child support is based on the date
the Petitioner began paying child support, not necessarily the date
the dependent was acquired. Furthermore, Petitioner's court ordered
back pay of child support payments recognizes that he acquired a
dependent on 1 September 2010 but he did not begin child support
payments until 1 October 2012. Moreover, Petitioner was married at
the time he begin child support payments and his spouse was receiving
the with-dependent housing allowance on behalf of all their
dependents.
CONCLUSION
Upon review and consideration of all the evidence of record, and
especially in light of the contents of enclosure (2).and the fact that
the Petitioner received from the court a principal judgment amount of
$11,359 of back support payments for the period since he acquired the
child in August 2010 through 30 September 2012, the Board. finds the ©
existence of an injustice warranting corrective action.
Docket No. NR6175-14
RECOMMENDATION:
That .Petitioner’s naval record be corrected, where appropriate, to
show that:
a. Petitioner executed a BAH request via NAVPERS 1070/602 for
his child, QR, «which was received by cognizant authority
and became effective 23 August 2010. Petitioner is authorized Basic
Allowance for Housing Differential {BAH-DIFF) from 23 August 2010 to
31 March 2011. Note: Petitioner is not authorized BAH-DIFF if the
child support payment is less than the Petitioner's applicable pay
grade BAH-DIFF amount.
b. Petitioner is authorized Basic Allowance for Housing (BAH)
with dependents at the QM rate from 1 April 2011 to 27
March 2012, Note: QQ (former spouse) begin to receive
BAH with dependents on 28 March 2012 when their son was born.
c. 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.
Recorder
5. The foregoing action of the Board is submitted for your review
and action. ; UI / Wa
ROBERT J. O'NEILL
Executive Director
Reviewed and approved.
OEM ik. yrs
Rex even roniodtseapproved.
ROBERT L. WOODS
Assistant General Counsel
(Manpower and Reserve Affairs) 3
1000 Navy Pentagon, Rm 4D548
Washington, DC 20350-1000
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