RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00903
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His current Military Housing Area (MHA) area of Riverside,
California (CA) be corrected to reflect his previous MHA of Los
Angeles, CA effective 14 Oct 06.
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.
In accordance with the Joint Federal Travel Regulation (JFTR),
paragraph U10402-B.1, on 23 Aug 13, he submitted a Low Cost/No
Cost Basic Allowance for Housing (BAH) waiver to maintain his
previous MHA of Los Angeles, CA.
The Board should consider his untimely application because he was
unaware he could apply for a BAH waiver until Aug 13.
In support of his request, the applicant provides copies of
excerpts from the JFTR, memorandums, and orders.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant is currently serving on active duty in the grade of
master sergeant.
According to Special Order (SO), AB-036, dated 9 Nov 04, the
applicant was ordered to Extended Active Duty (EAD), from Chino
Hills, CA, to Los Angeles, CA, effective 23 Nov 04, for a period
of four years.
According to SO AB-017, dated 25 Oct 06, the applicant was
reassigned to March Air Reserve Base (ARB), CA, effective 14 Oct
06. Subsequently, his tour was extended by SO AB-052, dated
20 Nov 07; SO AB-055, dated 2 Nov 09 and SO AB-090, dated 17 Dec
12, all with a PCS Identification (PCS ID) of V,, which denotes
a Low Cost Move.
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.
On 13 Feb 14, AF/A1PA notified the applicant that his BAH waiver
was disapproved due to its age, particularly in light of the open
question about appropriate funding availability to cover an
approval. Also, A1PA noted the applicant needed to submit a
request to the Air Force Board for Correction of Military Records.
AIR FORCE EVALUATION:
AF/A1PA recommends approval. The applicants 2006 orders to March
ARB, CA reflects PCS ID V and was considered a Low Cost/No Cost
move; therefore, he could have requested a housing waiver, via the
Secretarial process, in accordance with JFTR paragraph U10402-B.
Assuming the waiver had been granted, he would have been entitled
to retain the higher BAH rate that was applicable to his prior
duty station at Los Angeles, CA. If the BAH rate increased, based
on annual rate adjustments, he would have automatically been
entitled to the upward adjustment.
JFTR, paragraph U10402-B, entitled Members with Dependent
authorizes a Service to pay BAH based on the old Permanent Duty
Station (PDS) rate in situations involving Low Cost/No Cost moves.
It has been Air Force practice to provide waivers for Low Cost/No
Cost moves through the Secretarial process.
The applicants move met the requirements for Low Cost/No Cost
housing waivers and would have been approved by A1PA had his
request not been beyond the funding availability period.
The complete A1PA evaluation, with attachments, is at Exhibit B.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 4 Aug 14, 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. Sufficient relevant evidence has been presented to demonstrate
the existence of an injustice. Having carefully reviewed this
application, we agree with the recommendation of the Air Force
office of primary responsibility and adopt the rationale expressed
as the basis for our decision that the applicant has been the
victim of either an error or an injustice. Therefore, we
recommend the applicants records be corrected as indicated below.
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to the APPLICANT be corrected to show his current
Military Housing Area (MHA) of Riverside, CA (CA041) be corrected
to reflect his previous MHA of Los Angeles, California (CA037),
effective 14 Oct 06, for the purpose of Basic Allowance for
Housing (BAH).
The following members of the Board considered AFBCMR Docket Number
BC-2014-00903 in Executive Session on 15 Jan 15, under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
All members voted to correct the records as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 18 Feb 14, w/atchs.
Exhibit B. Letter, AF/A1PA, dated 20 Jun 14, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 4 Aug 14.
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