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AF | BCMR | CY2006 | BC-2005-03484
Original file (BC-2005-03484.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-03484
            INDEX CODE:  128.12
            COUNSEL:  NONE

            HEARING DESIRED:  YES

MANDATORY COMPLETION DATE:  19 MARCH 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

His PCS order # AB-1089 be changed as follows:

      1.  Block 17 current address should read “;

      2.  Block 21, “PCS ID Code” should be changed from “C” (fully funded)
to “M” (No Cost) or “V” (Low Cost).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He neither moved his family or any household  goods,  nor  was  he  paid  or
reimbursed for moving his family or household.  As a result  of  the  error,
he is unable to receive Basic Allowance for Housing (BAH)  at  his  previous
rate, despite costing the Air Force nothing  in  moving  expenses  over  two
permanent change of station (PCS) moves.

The applicant submits a copy of his PCS orders and copies  of  BAH  approval
request letters (2), in support of his application.

The applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the  Military  Personnel  Data  Systems  (MilPDS)
indicates the applicant is presently serving on active duty in the grade  of
major.  He  was  assigned  to  the  Pentagon  on  25  April  2002  and  then
reassigned to Maxwell AFB, AL, on 1 August 2004 to attend  Air  Command  and
Staff College (ACSC).  He was subsequently reassigned on 27 June  2005  from
Maxwell AFB, AL, to Ft George Meade, MD.

While assigned to the Pentagon, the applicant received the BAH rate for  the
Washington DC area.  He requested and was granted a waiver  to  continue  to
receive the BAH rate for the Washington DC area while  assigned  to  Maxwell
AFB, AL.

According to information extracted from  the  Basic  Allowance  for  Housing
tables for 2005, the following rates apply to the  different  locations  the
applicant was assigned:

      a.  Wash DC         $2237.00
      b.  Montgomery, AL  $1317.00
      c.  Fort Meade, MD  $1856.00

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPAPB recommends denial.

DPAPB states the applicant was assigned to the  Pentagon  on  25 April  2002
then reassigned to Maxwell AFB, AL, on 1 August 2004, to attend Air  Command
and Staff College. He was subsequently  reassigned  on  27  June  2005  from
Maxwell AFB, AL, to Ft George Meade, MD.

DPAPB  explains  even  if  the  applicant’s  request  could   be   favorably
considered, it would not work  in  his  favor.   The  BAH  waiver  authority
states that the member can request  his  previous  duty  stations  BAH  rate
versus the new permanent duty station if reassigned on  a  low-  or  no-cost
PCS.  Since the applicant PCS’d from Maxwell AFB, AL, to  Ft  George  Meade,
MD, he could only claim one or the other…not the Pentagon  which  was  three
assignments ago.

DPAPB’s evaluation is at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his response dated 4 January 2006, the applicant reiterates  the  details
pertaining to his two PCS moves and states  the  Air  Force  paid  him  only
mileage for both moves.  He states the nearly $500 decline  in  his  monthly
pay  has  made  it  very  difficult  for  him  to  meet  his  expenses.   He
understands BAH is pegged to duty station, not domicile, but  having  stayed
in place, yet losing pay  seems  wrong.   The  applicant’s  rebuttal  is  at
Exhibit E.

_________________________________________________________________

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 probable error or injustice.  After a thorough  review  of  the
evidence of record and the applicant’s  submission,  we  are  not  persuaded
that his PCS ID Code should be changed.  His  contentions  are  duly  noted;
however, while  the  applicant  believes  he  has  been  the  victim  of  an
injustice, he has not provided any evidence to show that the PCS ID Code  in
question is in error.  In the absence of evidence to the contrary, we  agree
with the opinion  and  recommendation  of  HQ  AFPC/DPAPB  and  adopt  their
rationale as the basis for our conclusion that the applicant  has  not  been
the victim of an error or injustice.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issues involved.   Therefore,  the  request  for  a
hearing is not favorably considered.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of probable 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  in  AFBCMR  BC-2005-0348  in
Executive Session on 2 May 2006, under the provisions of AFI 36-2603:

                 Mr. Thomas S. Markiewicz, Chair
                 Ms. Dorothy P. Loeb, Panel Member
                 Mr. John E. B. Smith, Panel Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 8 Nov 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPAPB, dated 13 Dec 05.
    Exhibit D.  Letter, SAF/MRBR, dated 23 Dec 05.
    Exhibit E.  Applicant’s Letter, dated 4 Jan 06.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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