RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-00574
            INDEX CODE:  128.14

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be paid Basic Allowance for Housing (BAH) at the BAH I rate, rather
than the BAH II rate, along with Overseas Housing Allowance  and  Cost
of Living Adjustments (OHA/COLA) at rates listed for the  Puerto  Rico
(PR) area,  rather  than  rates  for  the  Continental  United  States
(CONUS), between 30 September 2004 and 1 February 2006.

_________________________________________________________________

APPLICANT CONTENDS THAT:

An earlier directive by the AFBCMR placed him on continued active duty
from 30 September 2004 until his retirement for length of service on 1
February 2006.  During the active duty continuation, he was  paid  BAH
II instead of the BAH I that he was entitled to.  Additionally, he was
not paid OHA/COLA for the Puerto Rico area.

In support of his appeal, the applicant has  provided  copies  of  the
earlier AFBCMR case and related correspondence  between  him  and  the
Defense Finance and Accounting Service (DFAS).

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant, a retired member of the Puerto Rico Air National  Guard
(PRANG) applied to the AFBCMR  on  19  November  2004  for  additional
active duty time  associated  with  a  sanctuary  issue.   The  AFBCMR
approved his request and directed he be continued on active  duty  for
an amount of time that enabled him to retire  for  length  of  service
effective 1 February 2006.  During the time the AFBCMR  continued  him
on active duty, he received BAH II at the with-dependent  rate,  Basic
Allowance for Subsistence  (BAS)  and  Aviator  Career  Incentive  Pay
(ACIP) from 1 October 2004 through 31 January 2006, less  any  offsets
for civilian earnings during that time frame.

_________________________________________________________________

AIR FORCE EVALUATION:

NGB/A1P0F recommends the applicant’s  request  be  partially  granted.
A1P0F agrees the applicant should have been paid at  the  BAH  I  rate
rather than the BAH II rate but contends the applicant was entitled to
CONUS COLA, rather than the OHA/COLA for the PR area that he requests.

A1P0F’s complete 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
13 July 2007 for review and comment within 30 days.  As of this  date,
no response has been received by this office.

Applicant’s complete response is at 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 regarding his request for Overseas
Housing Allowance and Cost of  Living  Allowance  (OHA/COLA)  for  the
Puerto  Rico  area.   We  took  notice  of  the  applicant's  complete
submission in judging the merits of the case; however, we  agree  with
the opinion and recommendation of the Air  National  Guard  office  of
primary responsibility and adopt its rationale as the  basis  for  our
conclusion that the applicant has not been the victim of an  error  or
injustice.  He was not eligible for OHA/COLA as he  lived  in  Florida
and not in Puerto Rico.  Consequently, he  was  correctly  paid  CONUS
COLA during the continuation period.  Therefore,  in  the  absence  of
evidence to the contrary, we find no  compelling  basis  to  recommend
granting payment of OHA/COLA sought in this application.

4.  Sufficient relevant evidence has been presented to demonstrate the
existence of error or injustice in regard to his  request  to  receive
BAH I rather than BAH II.  BAH I was a rate paid to Reserve  component
personnel on active duty for more than 139 days.  Action taken  by  an
earlier Board continued him on active duty from 1 October 2004 through
31 January 2006.  The continuation resulted in him spending more  than
139 days on active duty.  He was therefore eligible to receive  BAH  I
for that extended period of time.  Therefore, we  recommend  that  the
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  he  was  eligible  to
receive Basic Allowance for Housing I (BAH I) from  30 September  2004
through 31 January 2006, rather than BAH II for the same time period.

______________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2007-00574  in  Executive  Session  on  10  January  2008,  under  the
provisions of AFI 36-2603:

      Mr. James W. Russell III, Panel Chair
      Mr. Mark J. Novitski, Member
      Mrs. Lea Gallogly, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

    Exhibit A. DD Form 149, dated 17 February 2007, w/atchs.
    Exhibit B. Letter, NGB/A1P0F, dated 21 June 07, w/atch.
    Exhibit C. Letter, SAF/MRBR, dated 13 July 2007.




                                   JAMES W. RUSSELL III
                                   Panel Chair



                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC


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Office Of The Assistant Secretary



AFBCMR BC-2007-00574




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 he was eligible
to receive Basic Allowance for Housing I (BAH I) from 30 September
2004 through 31 January 2006, rather than BAH II for the same time
period.





     JOE G. LINEBERGER

     Director

     Air Force Review Boards Agency