RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-02263
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His most recent Air Force (AF) Form 899, Request and
Authorization for Permanent Change of Station Military be
changed to reflect a no cost permanent change of station (PCS)
so that he can apply for a Basic Allowance for Housing (BAH)
waiver to restore his previous BAH rate.
________________________________________________________________
APPLICANT CONTENDS THAT:
He did not move his residence nor household goods during the
recent change in duty station from Hurlburt Field to Naval Air
Station (NAS) Pensacola, Florida. His current BAH calculated
from the Pensacola zip code is lower than his previous BAH
calculated from the Hurlburt Field zip code. The result is a
substantial loss of income. He is requesting a waiver on the
grounds that he completed a no cost PCS. He met all the
requirements for the BAH waiver in accordance with Air Force
policy.
In support of his request, the applicant submits a personal
statement, copy of his AF Form 899, DC//DAPE-MSO// Messages
dates 052114Z FEB 08 Subject: EXCEPTION TO POLICY GUIDANCE FOR
ALLOWANCE BASIC ALLOWANCE FOR HOUSING (BAH) WAIVERS,
verification of travel voucher payment, copies of his DFAS Form
702, Defense Finance and Accounting Service Military Leave and
Earnings Statement, and a copy of an email message from the
Chief, Basic Pay and Entitlements Policy, RSS - Housing Office.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving in the Regular Air Force in
the grade of Technical Sergeant (TSgt).
The remaining relevant facts pertaining to this application
extracted from the applicants military personnel records are
contained in the letter prepared by the appropriate office of
the Air Force (Exhibit B). Accordingly there is no need to
recite these facts in this Record of Proceedings.
______________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPAPA recommends denial. DPAPA states that proper protocol
was followed in processing the applicants assignment. Air
Force assignments are made based on individual qualification,
availability, and equity, not cost, under AFI 36-2110, Assignments, dated 20 April 2005. The applicant has a fully
funded PCS order made consistent with normal PCS selection
criteria. Approval at the Board level appears not to be
warranted since he would not have been approved for a low-cost
PCS had he known about the program and submitted the required
documents.
The complete AFPC/DPAPA evaluation is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force Evaluation was forwarded to the
applicant on 10 November 2011 for review and comment within 30
days. As of this date, this office has not received a response.
________________________________________________________________
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 that would
warrant relief in this case. The applicant contends that he was
unaware of the low/no cost PCS policy. Had he received proper
counseling, he would have submitted the proper documents to
request consideration for a low/no cost PCS and remain entitled
to the BAH at the w/dependents rate for Hurlburt Field. We note
the Air Force office of primary responsibility is recommending
denial; however, we find it reasonable that the applicant would
have requested the low/no cost option, as it appears he never
intended to relocate his family and believe the applicant has
established a reasonable basis for approval. However, we have
been advised that in accordance with the JFTR, paragraph U5100,
approval of the applicants low/no cost PCS will require him to
refund the amount of $130.92 received as payment for his PCS.
We find no error or injustice in the requirement for him to
refund this payment and, therefore, no basis to recommend any
relief on this issue. Additionally, we note the applicants
current Date-Arrive-Station (DAS) and Active Duty Service
Commitment (ADSC) correlate to the current assignment code and
that a change to the PCS fund code will affect this DAS and
ADSC. Although we recommend changing his permanent change of
station to low/no cost, we believe his DAS and ADSC should
remain unchanged to provide the new unit of assignment stability
and continuity in the position. Therefore, we recommend his
records be corrected as indicated below.
________________________________________________________________
THE BOARD DETERMINES THAT:
The pertinent military records of the Department of the Air
Force relating to APPLICANT, be corrected to show that:
a. AF Form 899, Request and Authorization for Permanent
Change of Station Military, Special Order AD-141229, dated
20 September 2010, be amended in Block 19, Authority and PCS
Code to reflect a PCS ID of V rather than E.
b. Competent authority granted him a Basic Allowance for
Housing (BAH) waiver effective 7 December 2010 to retain the
BAH rate of his previous duty location at Hurlburt Field, FL.
________________________________________________________________
The following members of the Board considered this application
BC-2011-02263 in Executive Session on 14 February 2012, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149 dated 9 June 2011.
Exhibit B. Letter, AFPC/DPAPA, dated 4 November 2011.
Exhibit C. Letter, SAF/MRBR, dated 10 November 2011
Panel Chair
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