AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

IN THE MATTER OF: 

DOCKET NUMBER:  97- 01692 
COUNSEL:  NONE 
HEARING DESIRED:  NO 

*AUG 1 4  1998 

APPLICANT REQUESTS THAT: 
His  records be  changed  to  reflect  an  effective  date  prior  to 
1 October 1 9 9 6   on his rental lease to allow $200  higher for his 
overseas housing allowance ( O m ) .  

APPLICANT CONTENDS THAT: 

in  March  1997,  assigned 
When  he  in-processed  in 
personnel informed him that the monthly OHA  rate was $2500  for a 
major  (0-4).  He received different information from the travel 
pay section so therefore contacted the sergeant in charge of OHA 
in the  region who  verified  the  $2500 monthly  rate.  Applicant 
states that on 1 April 1 9 9 7   he signed a lease committing him to a 
$ 2 5 0 0   monthly  housing  rental.  On  3  April  1 9 9 7   he  received  a 
Joint  Federal  Travel  Regulation  (JFTR) update  and  learned  the 
rate was $2300  for a major after 30  September 1 9 9 6 .  
A request for a $2500  funding was considered by the Per Diem and 
_ _  Allowance  Committee  and  denied  based  on  what  th 
charge  of  OHA  region  stated  as past  problems  in 
Applicant then contacted the senior person in the 
Secretary of Defense  (OSD) who ex 
hat  the past problems 
to  the United  States 
predated  any personnel currently 
but  the  changes were 
Military  Liaison Office  (USMLO), 
formed that even though 
only recently made.  Applicant was 
representatives of  the  U. S. Government  had  made  a mistake  in 
informing  him  of  the  correct  OHA  rate  for- 
the  U.  S 
Government is not responsible for their representatives mistakes. 
Applicant  states that since he was provided the information for 
OHA  rates prior to 1 October 1 9 9 6   and signed a binding contract 
based  on  that  information, the  lease  should  be  considered  as 
effective based on the information he received. 
In support of his request, applicant submits a letter from a U.S. 
Army  Colonel,  Military  Liaison  Office;  a  copy  of  the  lease 
agreement; and, an E-mail message. 

I 

. 

c 

Applicant's submission is attached at Exhibit A. 

STATEMENT OF FACTS: 
Applicant  is  currently  serving  on  extended  active  duty  in  the 
grade of major. 
Applicant arrived at his new duty station in 
on 13 March 1997. 

~ 

The relevant facts pertaining to this application, extracted from 
the  applicant's military  records, are  contained  in  the  letter 
prepared  by  the  appropriate office of  the  Air  Force Office  of 
Primary Responsibility  (OPR) .  Accordingly, there is no need  to 
recite these facts in this Record of Proceedings. 

AIR FORCE EVALUATION: 
The  Chief,  Military  Compensation  &  Legislation  Division,  HQ 
USAF/DPPC,  states  that  after  the  applicant  signed  the 
he  found out  the JFTR, Vol  I lists two rates for 
one  for  individuals  who  signed  their  lease  pr 
ber  1996  ($2500) and one for individuals who  signed their 
lease  after  30  September  1996  ($2300).  The  staff  at  the  Per 
Diem,  Travel  and  Transportation  Allowances  Committee  verified 
these rates were listed in the JFTR as early as January 1997. 

given to t 
Comptroller 
ning the OHA 

e at  least 
Consideration shou 
one person in the 
)  gave him 
bad information co 
However , 
o reasons. 
HQ  USAF/DPPC  recommends denial of  the  r 
First, changing the  effective date of  his  lease would  affect a 
number of other areas, including entitlement to OHA and cost of 
living allowance f o r   an additional six months and a change to his 
return from overseas date.  Second, the OHA  entitlement  is not 
meant to cover 100 percent of rental payments for 100 percent of 
personnel  assigned  overseas.  Specifically,  20  percent  of  all 
people  assigned  overseas  are  expected  to pay  out  of  pocket  to 
-
 
cover their rental payment.  Admit 
'cant is paying more 
(roughly $ 9 0   more) . 
out of pocket than most people in 
A copy of the Air Force evaluation is attached at Exhibit B. 

-

L 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

Applicant  states,  in  summary,  that  the  chronology  of  events 
listed in the Air Force evaluation doesn't include the difference 
i n   authority  of  the  individuals  wbn 

+ b c   - - - - ~ ~ - - l -  

q r o T T j

 +d 

2 

$2500/month rate.  There were three individuals who knew abut the 
conflicting rate quotes and included the supposed subject matter 
expert, informing him that the correct rate was $2500 monthly and 
one  individual  who  was  working  outside  of  his  normal  area  of 
duties who informed him  the rate was $2300 monthly.  Due to the 
workload  situation where  he  immediately began working in excess 
of 90 hours per week from the date of arrival and did not have a 
day  off  until  mid-April, he  believed  the  $2500/month  rate  was 
accurate  after  confirmation  from  the  three  individuals  cited 
above,  felt  that  further  investigation  was  unnecessary  and 
concentrated on duty requirements.  Applicant states that he does 
not  dispute  the  Per Diem, Travel  and  Transportation Allowances 
Committee  statement  on  the  date  of  the  change  to  the  JFTR; 
however, he feels that information is irrelevant.  He  (applicant) 
was not responsible for the posting and management of that JFTR 
change and does not feel he should have to pay $4,400 for others' 
mistakes. 
A copy of the applicant's response is attached at Exhibit D. 

THE BOARD CONCLUDES THAT: 

The applicant has exhausted all remedies provided by existing 

1. 
law or regulations. 
2.  The application was timely filed. 
3 .   Sufficient  relevant  evidence  has  been  presented  to 
demonstrate  the  existence  of  probable  error  or  injustice 
appears that prior 
warranting relief to applicant' 
in  March  1997,  he 
to  applicant  being  assigned  to 
,  and  was  informed  that 
s housing  allowance 
h.  When  contacting 
formed that the OHA 
e several attempts to get  the 
correct information regarding the OHA rate and was later informed 
that indeed the OHA  rate was $2500.  Therefore, based on his most 
recent  information,  the  applicant  signed  a  housing  lease  on 
1 April  1997  at  the  $2500  rate  believing  this was  the  correct 
rate.  After  he  signed  the  lease,  the  applicant  was  informed 
there was a change to the JFTR and his OHA rate would be  $2300. 
We believe that through no fault of his own, he was misled with 
regard to the correct rate f o r   the OHA.  Therefore, we recommend 
applicant's records be corrected to the extent indicated below. 

THE BOARD RECOMMENDS THAT: 
The pertinent military records of the Department of the Air Force 
relating to APPLICANT, be  corrected to show that his request to 
be  issued a  separate location code  under t h e   provisions of  + h e  

3 

Joint  Federal  Travel  Regulation  (JFTR), Appendix  K.  thereby 
entitling him to receive overseas housing allowance  ( O m )  pay at 
the monthly rate of  $2500.00, effective 1 April  1997,  (date of 
lease), was approved by competent authority. 

The following members of the Board considered this application in 
Executive Session on 2 June 1998, under the provisions of AFI 3 6 -  
2603 : 

Mr. LeRoy T. Baseman, Panel Chair 
Mr. Joseph G. Diamond, Member 
Ms. Peggy E .   Gordon, Member 

% 

All  members voted  to correct the records, as recommended.  The 
following documentary evidence was considered: 

Exhibit A.  DD Form 149, dated 20 May 97, w/atchs. 
Exhibit B.  Letter, HQ USAF/DPPC, dated 4 Nov 97. 
Exhibit C.  Letter, AFBCMR, dated 22 Dec 97. 
Exhibit D.  Applicant's Letter, dated 20 Jan 98, w/atch. 

LEROY k5xwd-9 

T. BASEMAN 

Panel Chair 

4 

DEPARTMENT OF THE AIR FORCE 

WASHINGTON, DC 

Office of the Assistant Secretary 

AF'BCMR 97-01 692 

AUG 1 4  1998 

MEMORANDUM FOR THE CHIEF OF STAFF 

Having received and considered the recommendation of the Air Force Bo$d  for Correction 
of Military Records and under the authority of Section 1552, Title 10, United States Code (70A 
Stat 116), it is directed that: 

records of the Department of the Air Force relating 
corrected to  show that his request  to be  issued a 
of the Joint Federal Travel Regulation (JFTR), Appendix K. thereby 
entitling him to receive overseas housing allowance ( O W )  pay at the monthly rate of $2500.00, 
effective 1 April 1997 (date of lease), was approved by competent authority. 

Air Force Review Boards Agency