IN THE CASE OF:	

		BOARD DATE:	  25 February 2010

		DOCKET NUMBER:  AR20100000383 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his military records to show that he was authorized to live off post and to receive basic allowance for housing (BAH).

2.  The applicant states that when he redeployed from Iraq to Fort Richardson, Alaska, in November 2007, the barracks were full.  He moved off post and paid rent in the amount of $1350.00 per month.  His requests for BAH were denied based on the determination that the barracks were not at full capacity.  The applicant contends that this was an inaccurate determination because barracks occupancy rates were not reported to the garrison commander for at least 60 days after his unit redeployed.  The applicant contends that many Soldiers were forced to take temporary barracks at Elmendorf Air Force Base.

3.  The applicant provides copies of a report of events; a memorandum, dated 11 July 2008, denying his request to reside off post; a memorandum from him to the garrison commander with a staff summary sheet, dated 21 July 2008, requesting an exception to policy; a memorandum from the garrison commander, dated 16 September 2008, denying his request; Congressional correspondence to the Secretary of the Army; copies of cancelled checks; and a copy of his Enlisted Record Brief (ERB), dated 20 June 2008, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's ERB shows that on 11 November 2007, he redeployed from Iraq to Fort Richardson, Alaska, for duty with the 1st Battalion, 501st Infantry Regiment.
2.  A memorandum, signed by the garrison commander, dated 11 July 2008, states that the applicant's request for an exception to reside off post was denied in accordance with the provisions of Army Regulation 420-1 (Army Facilities Management).  The denial cites paragraph 3-18d(5) which states: "Assignment and use of housing under a unit integrity concept is authorized provided the overall installation occupancy rate does not fall below 95 percent.  The denial also cites paragraph 3-18k(2)(a) which states: "Installation commanders may authorize single Soldiers in the grade of staff sergeant and below to reside off post when adequate housing is not available and military necessity is not a factor."  Therefore, the garrison commander disapproved his request.

3.  On 21 July 2008, the applicant wrote a memorandum through his company commander and the Family Housing Office to the garrison commander requesting an exception to the policy concerning authority to reside off post.  The applicant stated that he had not been provided a room in the barracks since 28 November 2007 and had been paying out-of-pocket since then.  He stated that he had verbal permission from his first sergeant to live off post with his brother, who was a Department of Defense civilian employee.  A coordination stamp at the bottom of this memorandum indicates that his first sergeant and company commander concurred with the request; however, it did not elaborate about the applicant being given permission by the company commander or first sergeant to reside off post.

4.  A memorandum, signed by the garrison commander, dated 16 September 2008, states that he had reviewed the applicant's request to reside off post.  
The request was denied based on a 73 percent occupancy rate for the installation barracks.

5.  On 23 October 2008, the Chief, Congressional Affairs Division, Office of the Assistant Chief of Staff for Installation Management, responded to the applicant's Representative in Congress, concerning his request to reside off post and to receive BAH.  The response stated that the applicant's situation was being properly administered in accordance with Army Regulation 420-1 (Army Facilities Management).  This regulation provided that only the garrison commander could authorize single Soldiers in the rank of sergeant and below to live off post if adequate housing was not available on post.  On 28 November 2007, when the applicant redeployed, the occupancy rate was 42 percent.  There was room in barracks building 641 for the applicant.  The installation-wide barracks occupancy rate had remained below the Army's standard occupancy rate of 
95 percent.  The garrison commander cannot authorize BAH if barracks are, or were available and their size is/was commensurate with the Soldier's rank.  The applicant's chain of command did not have the authority to allow him to move from the barracks, which forced his loss of BAH.
6.  The applicant's congressman, in a letter to the Secretary of the Army, dated 20 November 2009, provided a time line of actions taken concerning the issue of the applicant's BAH.  The congressman states, in part, that the applicant submitted his request in April 2008 after returning from leave and subsequent completion of the Noncommissioned Officers Academy.  His request was disapproved in July 2008 and again in September 2008.  The congressman was informed in October 2008 that the applicant's chain of command did not have the authority to allow him to move from the barracks which caused his loss of BAH.  The congressman stated that the applicant contended he was never given a room in the barracks.  The congressman states that the applicant is out $16,764.00 due to the gross negligence in handling this decision-making process.

7.  The applicant has provided five cancelled checks written between 27 November 2007 and 1 July 2008, totaling $10,750.00 with this application.  These checks indicate that they were issued to pay rent.

8.  On 23 November 2008, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).  He had 
attained the rank of sergeant, pay grade E-5, and had completed 4 years of creditable active duty service.

9.  Army Regulation 420-1 provides at paragraph 18l that if adequate housing is not available, a certificate of non-availability will be issued.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected to show that he was authorized to reside off post and to receive BAH.

2.  The applicant has not provided any documentary evidence from the company commander or first sergeant confirming their authorization for him to move off post.  Furthermore, if such permission had been given, it is reasonable to believe that specific conditions would have been imposed, such as being prepared to return to post should final approval be denied by the garrison commander.

3.  The applicant's contention that the barracks were full and that no vacancies existed at the time is not sufficiently supported by the available evidence.  Furthermore, he has not provided any documentary evidence, such as a certificate of non-availability indicating there was no available barracks space or statements from his first sergeant or company commander verifying they gave him permission to move off post and the reasons for allowing him to do so.
4.  The available evidence shows that on 11 July 2008, the garrison commander denied the applicant authorization to reside off post.  The garrison commander reconsidered the applicant's request and again denied this authorization on 
16 September 2008.  The garrison commander stated that single Soldiers in the rank of staff sergeant, pay grade E-6 and below may be approved to reside off post when adequate housing was not available and a military necessity did not preclude their need to be housed on post.  On 28 November 2007, when the applicant redeployed, the occupancy rate was 42 percent.  There was room in barracks building 641 for the applicant.  The installation-wide barracks occupancy rate had remained below the Army's standard occupancy rate of 
95 percent.  In September 2008, the garrison commander stated that barracks occupancy was only 73 percent full.

5. In view of the above, the applicant's request should be denied.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ___X____  ___X ___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case 
are insufficient as a basis for correction of the records of the individual concerned.



      __________XXX___________
                 CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20100000383



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ABCMR Record of Proceedings (cont)                                         AR20100000383



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