RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03416
            INDEX CODE:  128.12
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Basic Allowance for Housing (BAH) election  be  changed  to  reflect  an
effective date of 1 Dec 01, rather than 1 Oct 03.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was supplementally selected for promotion to the grade of  senior  master
sergeant, with a retroactive date of rank and effective date of  1  Dec  01.
Since he and his spouse were both master sergeants at the time, it  made  no
difference who claimed with-dependent rate or without-dependent rate BAH.

In support of his request, applicant provided AF Forms 594, Application  and
Authorization to Start, Stop or Change Basic Allowance  for  Quarters  (BAQ)
or Dependency Redetermination; documentation associated  with  his  previous
AFBCMR appeal, a  letter  from  his  spouse,  an  email  communication,  and
documentation associated with his  supplemental  promotion  selection.   His
complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

As the result of prior  AFBCMR  determinations  that  were  decided  in  the
applicant's  favor,  he  was  supplementally  considered  and  selected  for
promotion to the grade of senior master  sergeant  for  the  01E8  promotion
cycle.  On 15 Nov 02, he was promoted with a  date  of  rank  and  effective
date of 1 Dec 01.  As of 1 Dec 01, since both he  and  his  military  spouse
were serving in the grade of master sergeant, he received BAH at  the  with-
dependent rate and his spouse received BAH at the without-dependent rate.

At the grade of senior master sergeant their total  BAH  income  would  have
been $1,136.  If the requested relief is  approved,  the  total  BAH  income
will be $1,162, an increase of approximately $26.

_________________________________________________________________
AIR FORCE EVALUATION:

USAF/DPPC recommends denial.  DPPC  states  that  under  the  DoD  Financial
Management Regulation, members must elect which one is to receive the  with-
dependent  rate  BAH.   If  they  cannot  agree  as  to  the  election,  the
entitlement will rest with the senior member.  There is no authorization  in
law or policy  that  allows  the  election  to  be  retroactive.   The  DPPC
evaluation is at Exhibit B.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states that the Air Force evaluation misstated  his  request.   He
is requesting that his election be that  he  receive  BAH  at  the  without-
dependent rate, rather  than  at  the  with-dependent  rate.   His  complete
submission is at Exhibit D.

_________________________________________________________________

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.   We  took  notice  of  the  applicant's
complete submission in judging the merits of the case;  however,  the  Board
majority agrees with the opinion and recommendation of the Air Force  office
of primary responsibility and adopt their rationale as the basis  for  their
conclusion that the applicant has  not  been  the  victim  of  an  error  or
injustice.  Therefore, in the absence  of  evidence  to  the  contrary,  the
Board majority finds no compelling basis to recommend  granting  the  relief
sought in this application.

_________________________________________________________________

RECOMMENDATION OF THE BOARD:

A majority of the panel finds insufficient evidence of  error  or  injustice
and recommends the application be denied.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2003-
03416 in Executive Session on 12 Jan 04, under the  provisions  of  AFI  36-
2603:



      Mr. Albert F. Lowas, Jr., Panel Chair
      Mr. Christopher Carey, Member
      Ms. Ann-Cecile McDermott, Member


By a majority vote, the Board voted to deny the request.  Mr. Lowas voted
to correct the record and elected  to  submit  a  minority  report.   The
following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 10 Oct 03, w/atchs.
    Exhibit B.  Letter, USAF/DPPC, not dated, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 31 Oct 03.
    Exhibit D.  Letter, Applicant, dated 5 Dec 03.
    Exhibit E.  Minority Report




                             ALBERT F. LOWAS, JR.
                             Panel Chair

AFBCMR BC-2003-03416




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 on 1 December 2001, he
elected to receive Basic Allowance for Housing at the without-dependent
rate, rather than his spouse.







                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR
                                        CORRECTION OF MILITARY RECORDS

SUBJECT:  Minority Report in the AFBCMR Application of,

      The applicant and his spouse submitted joint requests requesting
that their records be corrected to reflect that he elected to receive
Basic Allowance for Housing (BAH) at the with-out dependent rate
effective 1 Dec 01 and she receive BAH at the with-dependent rate.  The
majority of the panel recommends denial of the requests.  I have
carefully considered all the circumstances of this case and do not agree
with the determination of the majority of the panel members.

      In December 2001, since both the applicant and his spouse were
serving in the grade of master sergeant, it made no difference which one
received BAH at the greater rate since they were married and their total
household income was not effected.  As a result of a previous Board
decision to correct his military records, he was supplementally
considered and selected for promotion to the grade of senior master
sergeant, with a date of rank and effective date retroactive to 1 Dec 01.
 It seems apparent that had the applicant been timely promoted to senior
master sergeant, he would have elected to receive BAH at the with-out
dependent rate at the time since that election would have resulted in the
greater household income.

      As was recommended by this panel, the directive prepared for our
previous decision contains language which states "...he be entitled to
all pay, allowances, and benefits of such grade as of that date."  I
believe the intent of that particular language is part of the "make
whole" process and approval of the applicant's most recent request will
do just that, make him whole.  Notwithstanding this, it is obvious that
had the applicant been promoted in 2001 as he should have been, he and
his spouse would have decided to accept the BAH option which would have
been most beneficial to them.  In their case it would have been an
increase of approximately $26.00 a month.  It is my opinion that we would
be doing the applicant an injustice by denying him benefits to which I
believe he would have been entitled to.




                                        ALBERT F. LOWAS, JR.
                                        Panel Chair

AFBCMR BC-2003-03416

MEMORANDUM FOR   THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR CORRECTION OF
                   MILITARY RECORDS (AFBCMR)

SUBJECT:    AFBCMR Application of

      I have carefully reviewed all of the circumstances of the applicant’s
case and do not agree with the majority of the panel that his request that
his records be corrected to show that he elected to receive Basic Allowance
for Housing at the without-dependent rate effective 1 December 2001 should
be denied.

      I have thoroughly reviewed the applicant's request and the minority
report.  And, after consideration of all the circumstances of this case I
agree with the minority member of the panel and believe that the
appropriate action to take in this case is to continue the "make whole"
process and correct the applicant's records as though the injustice and
errors had not occurred.  Accordingly, I direct that his records be
corrected to reflect that he elected to receive BAH at the with-dependent
rate effective 1 December 2001.








                                  JOE G. LINEBERGER
                                  Director
      Air Force Review Boards Agency