IN THE CASE OF: BOARD DATE: 12 April 2011 DOCKET NUMBER: AR20110002872 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests his basic allowance for housing (BAH) rate be calculated using the rate in effect at his permanent duty station (PDS) vice that in effect at his primary residence location. 2. The applicant states he was called to active duty in support of contingency operations following 11 September 2001. His primary residence location was Walkersville, MD, but his PDS was Washington, DC. This was a distance of approximately 57 miles. His BAH for Walkersville, MD, was calculated at the Fort Detrick, MD, rate and was lower than the BAH rate for Washington, DC, and the Pentagon. He received the lower BAH rate and did not receive mileage or per diem based on his daily commute. Over his entire mobilization period, he estimates he lost $18,129.00 in BAH payments. 3. The applicant provides: * mobilization Orders M-10-100254, dated 1 October 2001, with amendments * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Defense Travel System (DTS) mileage calculation – Walkersville, MD to Pentagon (57 miles) * calculation of BAH owed to applicant * BAH rate charts 2001-2003 * leave and earnings statements (LES) CONSIDERATION OF EVIDENCE: 1. The applicant was ordered to active duty in support of contingency operations on 19 September 2001. He was ordered to active duty from Walkersville, MD, near Fort Detrick, Frederick, MD (a distance of 6.78 miles). 2. The applicant served on active duty in metropolitan Washington, DC, until separated on 30 September 2003. During his active duty, he received BAH at the "MD 130" [Fort Detrick] rate based on his permanent residence location, not at the higher "DC 053" [Pentagon] rate. The annual rates were: Year Fort Detrick, MD Pentagon 2001 $1,323.00 $1,891.00 2002 $1,411.00 $2,167.00 2003 $1,528.00 $2,345.00 3. In the processing of this case, an advisory opinion was obtained from the Chief, Compensation and Entitlements Division, Office of the Deputy Chief of Staff, G-1, who states the applicant received the correct BAH rate during his mobilization period. The Joint Federal Travel Regulation (JFTR) provides that the applicant's rate is determined by his primary residence at the time he entered active duty. The applicant was provided an opportunity to respond to the advisory opinion. On 1 February 2011, he responded by pointing out the policy is a "one size fits all" approach which placed him in a "Catch 22" situation. He seeks relief as a simple matter of justice. 4. The BAH is a U.S.-based allowance prescribed by geographic duty location, pay grade, and dependency status. It provides Uniformed Service Members equitable housing compensation based on housing costs in local civilian housing markets within the United States when government quarters are not provided. 5. The JFTR, volume 1, chapter 10, paragraph U10428-E3, provides: Called/Ordered to Active Duty for a Contingency. A member called/ordered to active duty in support of a contingency operation is authorized primary residence-based BAH…beginning on the first active duty day. This rate is authorized even for duty of fewer than 140 days. This rate continues for the duration of the tour unless the member is authorized PCS HHG [permanent change of station household goods] transportation, in which case the duty location rate would apply on the day the member reports to the PDS. DISCUSSION AND CONCLUSIONS: 1. The applicant was paid BAH in accordance with policy established and codified in the JFTR. The G-1 advisory opinion states he was properly paid and is not entitled to additional BAH. 2. Paragraph U10428-E3A of the JFTR states a Soldier ordered to active duty in support of a contingency operation is authorized BAH at the rate designated for his/her location of primary residence. In the applicant's case, that was Fort Detrick, MD. 3. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board or it must otherwise satisfactorily appear that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy the aforementioned requirement. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X____ ___X_____ ____X____ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ___________X______________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20110002872 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110002872 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1