RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-00387
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
Her records be corrected to reflect her primary residence for
her Basic Allowance for Housing (BAH) rate as Norco, California
rather than Highland, California for the period 1 Jul 09 to
30 Sep 13.
________________________________________________________________
APPLICANT CONTENDS THAT:
Her place of residence changed in Jul 09. She is receiving BAH
based on the place she entered active duty because she has not
had a break in service of one full day. Her place of residence
is in the same county as her permanent duty station (PDS). Due
to the demands of the mission she has been unable to get her BAH
rate adjusted because she has not had a break in her active duty
orders.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________ ______________________________________________
STATEMENT OF FACTS:
The applicant is currently serving the California Air National
Guard (CAANG) in the grade of major (O-4).
The applicant was ordered to active duty in support of
Operations IRAQI FREEDOM, ENDURING FREEDOM, and NEW DAWN from
19 Nov 07 to 30 Sep 13.
Under the provisions of the Joint Federal Travel Regulation
(JFTR) if a service member is called or ordered to active duty
without a break in service and a PCS order authorizing household
goods (HHG) transportation is not issued the service members BAH
rate will be based (paid) on the PDS location that the service
member was ordered to active duty.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of
the Air Force, which is attached at Exhibit B.
________________________________________________________________
AIR FORCE EVALUATION:
NGB/FMFF recommends approval to adjust the applicants BAH rate
for the last three years based on her current place of
residence. In accordance with the JFTR a reserve component (RC)
service member called or ordered to active duty in support of a
contingency operation is authorized Basic Allowance for
Housing/Overseas Allowance for Housing (BAH/OHA) for the
duration of the tour. If the RC service member receives a
permanent change of station (PCS) order authorizing household
goods (HHG) transportation, the BAH/OHA is based on the new PDS.
However, if the service member is called or ordered to active
duty and a PCS order is not issued, the BAH/OHA rate is based on
the primary residence at the time the service member is called
or ordered to active duty. The applicant received several new
sets of call to duty orders that did not contain PCS
entitlements. However, since the applicants original orders
were not amended to continue the original tour or include PCS
entitlements, and she lived within the local commuting distance,
she can change her home of residence and her BAH entitlements.
A complete copy of the NGB/FMFF 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 3 May 13 for review and comment within 30 days
(Exhibit C). As of this date, no response has been received by
this office.
________________________________________________________________
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, we find no evidence of an error or injustice.
The applicant is requesting her BAH rate be changed to reflect
her new primary residence. We note the affirmative
recommendation of the Air Force office of primary
responsibility; however, we find the applicant does not meet the
criteria in accordance with the Joint Federal Travel Regulation
to have her BAH adjusted to her new primary residence. The
applicant has not had a break in service of at least one day or
received a PCS order authorizing transportation of household
goods. While the Air Force OPR recommends we grant relief, such
a recommendation would be in contravention of the requirements
of the Joint Federal Travel Regulation and the applicant has not
presented sufficient evidence to convince us that she has been
treated differently than others similarly situated. Therefore,
in the absence of evidence to the contrary, we find no basis to
recommend granting the relief sought in this application.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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 AFBCMR Docket
Number BC-2013-00387 in Executive Session on 8 Apr 14 and
9 Sep 14, under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 Jan 13, w/atchs.
Exhibit B. Letter, NGB/FMFF, dated 16 Apr 13.
Exhibit C. Letter, SAF/MRBR, dated 3 May 13.
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