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AF | BCMR | CY2003 | BC-2002-03886
Original file (BC-2002-03886.DOC) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-03886
            INDEX CODE:  128.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be provided Basic Allowance for Housing (BAH) at a  rate  based  on
his spouse’s residence rather than for his permanent duty location.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His wife  has  been  diagnosed  with  severe  depression  and  anxiety
disorder.  Due to her illness, she has been moved  back  to  her  home
state to overcome this with the support from her friends  and  family.
Recently, she has been forced to find a job,  despite  her  condition,
due to the fact that she was only receiving BAH for his permanent duty
location rather than for her current location.  That is  a  difference
of over $500.00.  He believes this is unjust.

In support of his appeal, the applicant provided a statement from  his
spouse’s treating physician.

Applicant’s complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Personnel Data System  (PDS)  indicates
that the applicant is currently serving on active duty in the grade of
airman first class, having been promoted to that grade on 22  Jul  01.
His Total Active Federal Military Service Date (TAFMSD) is 22 Mar 00.

The remaining  relevant  facts  pertaining  to  this  application  are
contained in the letter prepared by the appropriate office of the  Air
Force.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ USAF/DPPCC recommending denial indicating that  by  law  (Title 37,
United States Code (USC), Section 403), a member is entitled to BAH at
a rate determined by their permanent duty station in  the  Continental
United States (CONUS) in accordance with  Department  of  the  Defense
(DOD) policy as set forth in DODFMR, Volume 7A, Chapter 26.  According
to HQ USAF/DPPCC, the applicant does not qualify  for  a  BAH  waiver.
BAH waivers are  considered  by  the  Service  Secretary  for  members
assigned to dependent-restricted/unaccompanied tours, low-cost/no-cost
moves in the same local area, and permanent change  of  station  moves
that involve training and are less than 12  months.   The  applicant’s
situation does not fall into the aforementioned categories.

A complete copy of the HQ USAF/DPPCC evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 6 Jan
03 for review and response.  As of this date,  no  response  has  been
received by this office (Exhibit C).

_________________________________________________________________

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.   The  applicant's  complete
submission was thoroughly  reviewed  and  his  contentions  were  duly
noted.  However, we do not find the applicant’s assertions, in and  of
themselves, sufficiently persuasive to override the rationale provided
by the Air Force office of primary  responsibility  (OPR).   While  we
find the applicant’s situation to be unfortunate, in  the  absence  of
sufficient evidence that his current BAH rate is erroneous,  we  agree
with the recommendation of the OPR and adopt their  rationale  as  the
basis for our decision that the applicant has failed  to  sustain  his
burden of establishing that he has suffered either an error
or  an  injustice.   Accordingly,  we  find  no  compelling  basis  to
recommend granting the relief sought in this application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of material error  or  injustice;  that  the
application was denied without a personal  appearance;  and  that  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 02-
03886 in Executive Session on 11 Mar 03, under the provisions  of  AFI
36-2603:

      Mr. David C. Van Gasbeck, Panel Chair
      Mr. George Franklin, Member
      Ms. Martha Maust, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 20 Nov 02, w/atch.
    Exhibit B.  Letter, HQ USAF/DPPCC, dated 6 Jan 03.
    Exhibit C.  Letter, SAF/MRBR, dated 17 Jan 03.




                                   DAVID C. VAN GASBECK
                                   Panel Chair



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