2.  The applicant requests, in effect, that his records be corrected to show that he signed into his new unit of assignment (University of California (UCA) - Berkeley, Berkeley, CA) effective 1 July 1996, in order to be eligible for Variable Housing Allowance (VHA).

3.  On 10 April 1996, the applicant was ordered to a permanent change of assignment to Berkeley, CA, with a reporting date of 13 July 1996.  He was placed on temporary duty (TDY) for the period 3-13 June 1996.

4.  On 11 May 1996, he entered into a rental contract for quarters, based on his reporting date.

5.  On 11 June 1996, he was verbally ordered to perform additional TDY for the period 23 June-13 August 1996.

6.  On 5 August 1996, formal confirmation orders were prepared which showed the various TDY changes.

7.  On 14 March 1997, the Office of The Deputy Chief of Staff for Personnel, in an advisory opinion (COPY ATTACHED) indicated that the applicant was not eligible for VHA on    1 July 1996 because his permanent duty station (PDS) remained Fort Rucker, Alabama until 15 August 1996.  They further strongly recommend that the gaining unit personnel register be amended, after the fact, to show the applicant signed into his new PDS on 1 July 1996.

CONCLUSIONS:

1.  The evidence of record, shows that in the interest of justice, the applicant’s signing in at UCA - Berkeley should be 1 July 1996.

2.  In view of the foregoing, the applicant’s records should be corrected as shown below. 

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the applicant signed into his new unit of assignment, UCA - Berkeley, on 1 July 1996.
BOARD VOTE:  

                       GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION




		                           
		        CHAIRPERSON