RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-02098
INDEX NUMBER: 128.00
XXXXXXX COUNSEL: None
XXXXXXX HEARING DESIRED: No
__________________________________________________________________
APPLICANT REQUESTS THAT:
She be entitled to full rate Basic Allowance for Housing (BAH)
during her active duty military personnel appropriations tour for
the period from 27 Oct 03 to 31 Mar 04.
__________________________________________________________________
APPLICANT CONTENDS THAT:
She was placed on a military personnel appropriations (MPA) tour for
more than 140 days and should have been entitled to full rate BAH.
However, because her original orders were for less than 140 days,
the request to extend her tour was delayed and not approved until
after she did not have enough days to qualify for the full rate BAH.
After her orders were amended to extend her tour to 270 days, she
started receiving full rate BAH on 1 Apr 04. Since she served
continuously on active duty from 27 Oct 03, she should be entitled
full rate BAH for the entire period of her MPA tour.
In support of her appeal, the applicant provides a letter of support
from her operations flight commander.
The applicant’s complete submission, with attachments, is at Exhibit
A.
__________________________________________________________________
STATEMENT OF FACTS:
The applicant is a Reserve master sergeant initially placed on
active duty orders from 27 Oct 03 to 7 Nov 03, a total of 12 days.
On 6 Nov 03, her orders were amended to increase the period of her
tour to 139 days. On 19 Dec 03, her orders were again amended to
increase her tour to 179 days. On 10 Mar 04, her orders were
amended to change her tour to 270 days.
__________________________________________________________________
AIR FORCE EVALUATION:
HQ AF/DPPCC recommends that the applicant be entitled to full rate
BAH starting 19 Dec 03. They state the first time the applicant’s
orders indicated that the unit wanted her to serve more than 139
days was on Special Order RO-0113, dated 19 Dec 03.
The complete evaluation is at Exhibit C.
__________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
16 Jul 04 for review and comment within 30 days. To date, a
response has not been received.
__________________________________________________________________
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. We agree with the advisory
prepared by HQ AF/DPPCC and adopt its rationale as the basis for our
determination that the applicant should be entitled to full rate BAH
beginning 19 Dec 03. Although the applicant has requested
entitlement from the date she started her active duty tour, 27 Oct
03, we agree with HQ AF/DPPCC’s determination that under the rules
governing entitlement to full rate BAH for Reservists, 19 Dec 03 was
the first indication the unit wanted the applicant to serve for more
than 139 days. Therefore, we recommend that the applicant’s records
be corrected as 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 competent authority
authorized full rate Basic Allowance for Housing (BAH) effective 19
December 2003.
__________________________________________________________________
The following members of the Board considered Docket Number BC-2004-
02098 in Executive Session on 1 September 2004, under the provisions
of AFI 36-2603:
Mr. Thomas S. Markiewicz, Chair
Mr. John E.B. Smith, Member
Ms. Kathy L. Boockholdt, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 29 Jun 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, HQ AF/DPPCC, dated 14 Jul 04.
Exhibit D. Letter, SAF/MRBR, dated 16 Jul 04.
THOMAS S. MARKIEWICZ
Chair
AFBCMR BC-2004-02098
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 XXXXXXX, XXXXXXX, be corrected to show that
competent authority authorized full rate Basic Allowance for
Housing (BAH) effective 19 December 2003.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
AF | BCMR | CY2004 | BC-2003-02423
The 139-day tour entitles the applicant to BAH-II and the 179-day tour entitles the applicant to BAH-I. However, if a member receives an order modification or extension of assignment, the prospective (new) period of active duty must be 140 days or more and BAH-I would start on the date of modification.” DPPI states the waiver was not approved prior to the 139-day point, nor was there an administrative oversight in cutting the orders causing a delay. ...
AF | BCMR | CY2003 | BC-2002-03886
A complete copy of the HQ USAF/DPPCC evaluation is at Exhibit B. As of this date, no response has been received by this office (Exhibit C). 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.
AF | BCMR | CY2002 | BC-2002-02566
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 at Exhibit B. _________________________________________________________________ AIR FORCE EVALUATION: HQ USAF/DPPCC recommends the application be denied. DPPCC states that, according to the DoD FMR, Volume 7A, Chapter 26, Table 26-3, Rule 1: “If a member is assigned to a permanent station and...
AF | BCMR | CY2007 | BC-2007-01249
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-01249 INDEX CODE: 135.00 XXXXXXX COUNSEL: NONE HEARING DESIRED: YES MANDATORY CASE COMPLETION DATE: 26 OCT 2008 ___________________________________________________________________ APPLICANT REQUESTS THAT: His AF Form 938, Request and Authorization for Active Duty Training/Active Duty Tour, (Reserve Order 0023), 27 Sep 04, Item 14, be amended to read 1 Oct 04 rather than 4 Oct 04....
AF | BCMR | CY2011 | BC-2011-02618
However, the Chief of Air Force Reserve (AF/RE) and Secretary of the Air Force Personnel Council (SAFPC) unjustly denied an extension to her mandatory separation date (MSD) in order to deprive her of an active duty (AD) retirement. In support of her appeal, the applicant provides copies of multiple Military Personnel Appropriation (MPA) man-day tour waivers from 2002 to 2009 with supporting documentation; signed Statements of Understanding: Waiver of Active Duty Sanctuary; and her request...
AF | BCMR | CY2004 | BC-2004-01598
In this letter, MG R__ stated either reservist could perform their duty as a combination of Inactive Duty Training (IDT) and annual tour, or “in lieu of” man- days. On 27 March 2002, AF Form 938, Request and Authorization for Active Duty Training/Active Duty Tour, Reserve Order # AR------, in support of ONE, ordered the member to Military Personnel Appropriation for 12 days, reporting 25 March 2002 and being release on 5 April 2002. ...
AF | BCMR | CY2006 | BC-2006-02073
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-02073 INDEX CODE: 110.03 XXXXXXX COUNSEL: NONE HEARING DESIRED: YES MANDATORY CASE COMPLETION DATE: 13 Jan 08 _________________________________________________________________ APPLICANT REQUESTS THAT: Her Extended Active Duty (EAD) date be changed from 25 Oct 05 to 11 Aug 05 to prevent a break in service, restore her promotion line number, and clear a debt for back pay and...
AF | BCMR | CY2014 | BC 2014 00903
APPLICANT CONTENDS THAT: On 14 Oct 06, he completed a Low Cost/No Cost Permanent Change of Station (PCS) move, which changed his MHA from Los Angeles, CA to Riverside, CA. According to an AF/A1PA memorandum, dated 23 Aug 13, the applicant submitted a BAH waiver for a Low Cost/No Cost Move to receive the BAH rate for his previous duty station of Pomona, CA, effective 14 Oct 06. Exhibit C. Letter, SAF/MRBR, dated 4 Aug 14.
_________________________________________________________________ APPLICANT CONTENDS THAT: Regrettably, she did not file for Military Personnel Appropriations (MPA) Man-day Tour orders prior to performing the duty, nor prior to the mid-Dec 00 deadline for MPA man-day reconciliation. _________________________________________________________________ RECOMMENDATION OF THE BOARD: A majority of the panel finds insufficient evidence of error or injustice and recommends the application be denied. ...
AF | BCMR | CY2006 | BC-2005-03802
According to AF Form 1411, Extension or Cancellation of Extension of Enlistment in the Regular Air Force, on 17 Mar 04, the applicant extended his 3 May 00 enlistment for 18 months for the purpose of having sufficient retainability for Career Airmen Reenlistment Reservation System (CAREERS) retraining into Air Field Management (AFSC 1C7X1). As pointed out by HQ USAF/JAA, the applicant is “better off” with the existing 17-month extension plus a four-year reenlistment, with a four-year SRB,...