RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-00461
INDEX CODE: 128.12
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her initial set of orders be corrected to reflect a tour length of 140 days
so that she may be authorized to receive basic allowance for housing (BAH-
I) commencing the first date of her orders in support of Joint Task Force
(JTF) - Olympics.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Because the Reserve component personnel were placed on orders 139 days or
less in length, they are only entitled to BAH-II (reduced BAH). The
initial intent was to task the individuals to remain in position for the
duration of the mission. The issuance of orders for 139 days or less
created an inequity between the Reserve component members and the active
component counterparts working in the same positions.
In support of her request, applicant provided a memorandum from the
commander in Chief, U.S. Joint Forces Command (USJFCOM). Her complete
submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant, a Utah Air National Guard member, participated in JTF - Olympics
for a period of 150 days.
The remaining 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.
_________________________________________________________________
AIR FORCE EVALUATION:
ANG/DPFP reviewed applicant's request and states that the DoD Financial
Management Regulation clearly states "members called or ordered to active
duty for 139 days or less are entitled to BAH-II...if the member receives
an order modification or extension of assignment, the prospective period of
active duty must be 140 days or more and BAH-I would start on the date of
modification. Members called or ordered to active duty for 140 days of
more are entitled to BAH-I." Even though the applicant performed over 140
days in total, the extension of his orders did not meet the provisions of
this DoD guidance.
The DPFP evaluation, with attachment, is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 5 Apr
02 for review and comment within 30 days. As of this date, this office has
received no response.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law or
regulations.
2. The application was timely filed.
3. Sufficient relevant evidence has been presented to demonstrate the
existence of error or injustice. Evidence provided in support of her
appeal, to include a statement from a senior Army officer involved, has led
us to believe that the intent of the JTF Olympics document planners was for
all individuals tasked to support the operation to remain in position for
the duration of the operation, which was scheduled to end in March 2002.
While the orders that were initially published were not technically
incorrect, we believe that they were not in compliance with the intent of
the JTF planners and as a result, the applicant was only authorized to
receive BAH-II. It is our opinion that the initial orders provided to the
applicant, should have been published in accordance with the intent of JTF
planners. Therefore, in the interest of equity, we believe that it would
be appropriate to correct the applicant’s records 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 special order RD-3, dated 1 May
2001, for the purpose of Joint Task Force Olympics, was issued for a
duration of 150 days and she was entitled to Basic Allowance for Housing-I
(BAH-I).
_________________________________________________________________
The following members of the Board considered Docket Number 02-00461 in
Executive Session on 13 Jun 02, under the provisions of AFI 36-2603:
Mr. John L. Robuck, Panel Chair
Mr. Frederick R. Beaman III, Member
Mr. David C. Van Gasbeck, Member
All members voted to correct the records, as recommended. The following
documentary evidence was considered:
Exhibit A. DD Form 149, dated 29 Jan 02, w/atchs.
Exhibit B. Letter, ANG/DPFP, dated 13 Mar 02.
Exhibit C. Letter, SAF/MRBR, dated 5 Apr 02.
JOHN L. ROBUCK
Panel Chair
AFBCMR 02-00461
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that special order RD-3, dated
1 May 2001, for the purpose of Joint Task Force Olympics, was issued for a
duration of 150 days and she was entitled to Basic Allowance for Housing-I
(BAH-I).
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-00453 INDEX CODE: 128.12 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her initial set of orders be corrected to reflect a tour length of 140 days so that she may be authorized to receive basic allowance for housing (BAH- I) commencing the first date of her orders in support of Joint Task Force (JTF) -...
ARMY | BCMR | CY2002 | 2002068451C070402
Chapter 26 contains the policy for the payment of BAH and it states, in pertinent part, that RC personnel ordered to active duty for periods of 139 days or less are entitled to BAH-II and those ordered to active duty for a period of 140 days or more are authorized BAH-I. The evidence of record confirms that, while the active duty orders provided to the applicant were not technically incorrect, they did not comply with the intent of the JTF Olympics document planners. That all of the...
ARMY | BCMR | CY2002 | 2002068456C070402
Chapter 26 contains the policy for the payment of BAH and it states, in pertinent part, that RC personnel ordered to active duty for periods of 139 days or less are entitled to BAH-II and those ordered to active duty for a period of 140 days or more are authorized BAH-I. The evidence of record confirms that, while the active duty orders provided to the applicant were not technically incorrect, they did not comply with the intent of the JTF Olympics document planners. That all of the...
ARMY | BCMR | CY2002 | 2002068424C070402
Chapter 26 contains the policy for the payment of BAH and it states, in pertinent part, that RC personnel ordered to active duty for periods of 139 days or less are entitled to BAH-II and those ordered to active duty for a period of 140 days or more are authorized BAH-I. The evidence of record confirms that, while the active duty orders provided to the applicant were not technically incorrect, they did not comply with the intent of the JTF Olympics document planners. That all of the...