RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00974
COUNSEL: NONE
HEARING DESIRED: YES
APPLICANT REQUESTS THAT:
He receive payment for Basic Allowance for Housing (BAH) for
Atlanta, Georgia from 21 Oct 04 through 27 Jan 05 for the
duration of the Communications Computer Operations Career Field
(AFSC 3C0X1) technical training course at Keesler AFB,
Mississippi.
APPLICANT CONTENDS THAT:
He did not receive full BAH during the time he retrained into
Combat Communications and attended technical training at Keesler
AFB, Mississippi. He inquired and was told he was not due the
full amount of BAH. However, he retrained again in 2012 and was
then paid the full amount of BAH, which is when he discovered
the error.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant is currently serving in the Air Force Reserve in
the grade of Staff Sergeant (E-5).
According to documentation provided by the applicant, on 19 Mar
13, he requested similar relief via the Case Management System
(CMS).
On 26 Mar 13, Defense Finance & Accounting Service (DFAS) denied
his request, indicating that due to the length of time that had
passed since the events under review, the applicant would not be
entitled to the pay he sought because, in accordance with
Barring Act (31 U.S.C. § 3702(b), the request must be received
within six years of the date the claim accrued. (A claim
accrues on the date when everything necessary to give rise to
the claim has occurred).
According to documentation provided by the applicant, he
submitted an inquiry through his the Congressional
Representative pertaining to the matter under review. DFAS
provided a response indicating that according to his pay
records, the applicant received the correct BAH rate for a
single member in training status during the period in question.
The remaining relevant facts pertaining to this application are
contained in the memorandum prepared by the Air Force office of
primary responsibility (OPR), which is attached at Exhibit C.
AIR FORCE EVALUATION:
AF/A1PA recommends denial indicating there is no evidence of an
error or an injustice. During the applicants initial technical
training course conducted at Keesler AFB, MS for the period of
21 Oct 04 through 27 Jan 05, his Master Military Pay Account
(MMPA) shows the number of dependents as zero, identifying the
member as single for purposes of BAH. In addition, the Quota
Report (OTA) also identifies his marital status as S for
single. In order to furnish a thorough assessment of the facts
and attest to the accuracy of the payments made to the
applicant, additional supporting documentation and an accurate
determination of facts for the period in question will need to
be provided by the applicant. The following supporting
documents are required to make a reasoned determination with
respect to the applicants claim: 1) Orders (referred to as
travel orders to Keesler AFB for the course (Oct 04 Jan 05),
including amendments) for 2004 E3ABR3C031 course; 2) travel
orders and corresponding payment vouchers for 2012 E3ABR3D031
and E3AQR3D031 courses; and 3) documentation of his entry into
the Air Force Reserve component.
A complete copy of the AF/A1PA evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant submitted a copy of his record of duty status that
is contained in his Personnel Tempo (PERSTEMPO) and Tempo
Management Tracking System found in the Virtual Military
Personnel Flight (VMPF) which shows he was in a duty status 22,
meaning he was TDY to school on dates 20 Oct 04 through 28 Jan
05, verifying he was TDY during the period in question. The
applicants complete response, with attachments, 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 an error or injustice. We took
notice of the applicants complete submission, to include his
rebuttal response, in judging the merits of the case; however,
we agree with the opinion and recommendation of the Air Force
office of primary responsibility (OPR) and adopt its rationale
as the basis for our conclusion the applicant has not been the
victim of an error of injustice. We note the comments of the
Air Force OPR indicating that due to the passage of time since
the events in question, a conclusive determination cannot be
made regarding the applicants claim unless and until he is able
to provide additional documentary evidence. Therefore, in the
absence of evidence to the contrary, we find no basis to
recommend granting the requested relief.
4. The applicants 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 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-2014-00974 in Executive Session on 19 Feb 15, under
the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 21 Oct 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, HQ AF/A1PA, dated 3 Apr 14.
Exhibit D. Letter, SAF/MRBR, dated 28 Jul 14.
Exhibit E. Letter, Applicant, dated 3 Sep 14.
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