IN THE CASE OF:
BOARD DATE: 21 June 2011
DOCKET NUMBER: AR20100020206
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 to be paid basic allowance for housing (BAH) for his home of record (HOR) for the period of February 2009 to February 2010.
2. The applicant states that Title 37, U.S. Code, section 404, paragraph 3B, provides that single Reserve Soldiers assigned to active duty or accession training are entitled to full BAH for their primary residence at the home of record if they maintain a mortgage or rental for the time frame of the orders if the orders are for 140 days or more. He goes on to state his training is classified as accession training and was extended to 355 days. He further states he did not receive BAH and the error in proper payment was due to miscommunication between the U.S. Army Reserve (USAR) and the Army finance branches and neither could agree as to who should pay him.
3. The applicant provides copies of:
* his DD Form 214 (Certificate of Release or Discharge from Active Duty)
* copies of email messages
* Military Pay E-Message 09-051
* his DA Form 5960 (Authorization to Start, Stop, or Change Basic Allowance for Quarters, and/or Variable Housing Allowance)
* his USAR Form 24-R (Individual Claim for Active Duty Pay, Allowances, and Adjustments)
* his orders to active duty for training school (ADTS)
* his mortgage statement
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the USAR in 1988. He completed his initial active duty training as a finance specialist in August 1989 and continued to serve through a series of continuous reenlistments. He was promoted to pay grade E-6 on 1 July 2003.
2. On 20 February 2009, he was ordered to ADTS for the purpose of attending training as a radiology specialist.
3. On 4 February 2010, he was issued his Notification of Eligibility for Retired Pay at Age 60 (20-year letter).
4. On 9 February 2010, he was honorably released from ADTS due to completion of training. He was awarded military occupational specialty 68P (radiology specialist). He had served 11 months and 20 days of ADTS.
5. In the processing of this case a staff advisory opinion was obtained from the Department of the Army Office of the Deputy Chief of Staff, G-1, which opines that training that exceeds 140 or more days is no longer considered to be in the accession pipeline. Additionally, the applicant received partial BAH while in training because he resided in the barracks or other government-furnished quarters and was not eligible to receive housing allowances. Accordingly, he was paid in the same manner as a Soldier already on active duty. Officials in the G-1 opine that there is no basis to grant relief in his case.
6. The advisory opinion was provided to the applicant for comment and the staff of the Board has not received a response from the applicant to date.
7. Joint Federal Travel Regulation, paragraph U10416-D, provides that effective 1 February 2008, Reserve Component Soldiers without dependents may be entitled to BAH based on the location of their primary residence they maintained at the time they were ordered to active duty to attend accession training if they own or are responsible for paying rent on the residence for any training of 140 days or more at one location. BAH is paid based on the training location. If a Soldier without dependents is in single-type government quarters at a training location 140 days or more at one location, only partial BAH is paid. "Accession training" is defined as initial entry-level officer and enlisted training courses/
programs (for less than 20 weeks) necessary to obtain a primary MOS.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he is authorized BAH for his ADTS has been noted and appears to lack merit.
2. The applicant enlisted in the USAR in 1988. His February 2009 training was not considered accession training and he occupied government-furnished quarters while he was in training. Accordingly, he was only entitled to partial BAH.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__X_____ __X_____ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
2. The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by the applicant in service to the United States. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ x _______ ___
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) AR20100020206
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ABCMR Record of Proceedings (cont) AR20100020206
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