RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-00387 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: Her records be corrected to reflect her primary residence for her Basic Allowance for Housing (BAH) rate as Norco, California rather than Highland, California for the period 1 Jul 09 to 30 Sep 13. ________________________________________________________________ APPLICANT CONTENDS THAT: Her place of residence changed in Jul 09. She is receiving BAH based on the place she entered active duty because she has not had a break in service of one full day. Her place of residence is in the same county as her permanent duty station (PDS). Due to the demands of the mission she has been unable to get her BAH rate adjusted because she has not had a break in her active duty orders. The applicant’s complete submission, with attachments, is at Exhibit A. _________________ ______________________________________________ STATEMENT OF FACTS: The applicant is currently serving the California Air National Guard (CAANG) in the grade of major (O-4). The applicant was ordered to active duty in support of Operations IRAQI FREEDOM, ENDURING FREEDOM, and NEW DAWN from 19 Nov 07 to 30 Sep 13. Under the provisions of the Joint Federal Travel Regulation (JFTR) if a service member is called or ordered to active duty without a break in service and a PCS order authorizing household goods (HHG) transportation is not issued the service members BAH rate will be based (paid) on the PDS location that the service member was ordered to active duty. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is attached at Exhibit B. ________________________________________________________________ AIR FORCE EVALUATION: NGB/FMFF recommends approval to adjust the applicant’s BAH rate for the last three years based on her current place of residence. In accordance with the JFTR a reserve component (RC) service member called or ordered to active duty in support of a contingency operation is authorized Basic Allowance for Housing/Overseas Allowance for Housing (BAH/OHA) for the duration of the tour. If the RC service member receives a permanent change of station (PCS) order authorizing household goods (HHG) transportation, the BAH/OHA is based on the new PDS. However, if the service member is called or ordered to active duty and a PCS order is not issued, the BAH/OHA rate is based on the primary residence at the time the service member is called or ordered to active duty. The applicant received several new sets of call to duty orders that did not contain PCS entitlements. However, since the applicant’s original orders were not amended to continue the original tour or include PCS entitlements, and she lived within the local commuting distance, she can change her home of residence and her BAH entitlements. A complete copy of the NGB/FMFF evaluation is at Exhibit B. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 3 May 13 for review and comment within 30 days (Exhibit C). As of this date, no response has been received by this office. ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, we find no evidence of an error or injustice. The applicant is requesting her BAH rate be changed to reflect her new primary residence. We note the affirmative recommendation of the Air Force office of primary responsibility; however, we find the applicant does not meet the criteria in accordance with the Joint Federal Travel Regulation to have her BAH adjusted to her new primary residence. The applicant has not had a break in service of at least one day or received a PCS order authorizing transportation of household goods. While the Air Force OPR recommends we grant relief, such a recommendation would be in contravention of the requirements of the Joint Federal Travel Regulation and the applicant has not presented sufficient evidence to convince us that she has been treated differently than others similarly situated. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2013-00387 in Executive Session on 8 Apr 14 and 9 Sep 14, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 15 Jan 13, w/atchs. Exhibit B. Letter, NGB/FMFF, dated 16 Apr 13. Exhibit C. Letter, SAF/MRBR, dated 3 May 13.