IN THE CASE OF:
BOARD DATE: 12 April 2011
DOCKET NUMBER: AR20110002872
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 his basic allowance for housing (BAH) rate be calculated using the rate in effect at his permanent duty station (PDS) vice that in effect at his primary residence location.
2. The applicant states he was called to active duty in support of contingency operations following 11 September 2001. His primary residence location was Walkersville, MD, but his PDS was Washington, DC. This was a distance of approximately 57 miles. His BAH for Walkersville, MD, was calculated at the Fort Detrick, MD, rate and was lower than the BAH rate for Washington, DC, and the Pentagon. He received the lower BAH rate and did not receive mileage or per diem based on his daily commute. Over his entire mobilization period, he estimates he lost $18,129.00 in BAH payments.
3. The applicant provides:
* mobilization Orders M-10-100254, dated 1 October 2001, with amendments
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Defense Travel System (DTS) mileage calculation Walkersville, MD to Pentagon (57 miles)
* calculation of BAH owed to applicant
* BAH rate charts 2001-2003
* leave and earnings statements (LES)
CONSIDERATION OF EVIDENCE:
1. The applicant was ordered to active duty in support of contingency operations on 19 September 2001. He was ordered to active duty from Walkersville, MD, near Fort Detrick, Frederick, MD (a distance of 6.78 miles).
2. The applicant served on active duty in metropolitan Washington, DC, until separated on 30 September 2003. During his active duty, he received BAH at the "MD 130" [Fort Detrick] rate based on his permanent residence location, not at the higher "DC 053" [Pentagon] rate. The annual rates were:
Year
Fort Detrick, MD
Pentagon
2001
$1,323.00
$1,891.00
2002
$1,411.00
$2,167.00
2003
$1,528.00
$2,345.00
3. In the processing of this case, an advisory opinion was obtained from the Chief, Compensation and Entitlements Division, Office of the Deputy Chief of Staff, G-1, who states the applicant received the correct BAH rate during his mobilization period. The Joint Federal Travel Regulation (JFTR) provides that the applicant's rate is determined by his primary residence at the time he entered active duty. The applicant was provided an opportunity to respond to the advisory opinion. On 1 February 2011, he responded by pointing out the policy is a "one size fits all" approach which placed him in a "Catch 22" situation. He seeks relief as a simple matter of justice.
4. The BAH is a U.S.-based allowance prescribed by geographic duty location, pay grade, and dependency status. It provides Uniformed Service Members equitable housing compensation based on housing costs in local civilian housing markets within the United States when government quarters are not provided.
5. The JFTR, volume 1, chapter 10, paragraph U10428-E3, provides:
Called/Ordered to Active Duty for a Contingency. A member called/ordered to active duty in support of a contingency operation is authorized primary residence-based BAH
beginning on the first active duty day. This rate is authorized even for duty of fewer than 140 days. This rate continues for the duration of the tour unless the member is authorized PCS HHG [permanent change of station household goods] transportation, in which case the duty location rate would apply on the day the member reports to the PDS.
DISCUSSION AND CONCLUSIONS:
1. The applicant was paid BAH in accordance with policy established and codified in the JFTR. The G-1 advisory opinion states he was properly paid and is not entitled to additional BAH.
2. Paragraph U10428-E3A of the JFTR states a Soldier ordered to active duty in support of a contingency operation is authorized BAH at the rate designated for his/her location of primary residence. In the applicant's case, that was Fort Detrick, MD.
3. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board or it must otherwise satisfactorily appear that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy the aforementioned requirement.
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 the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
___________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) AR20110002872
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110002872
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130015179
The JFTR states that when Reserve Component (RC) Soldiers are ordered to active duty and a PCS order is not issued, BAH rate is based on the primary residence location at the time the Soldier was ordered to active duty. However, if the member is called or ordered to active duty and a PCS order is not issued, BAH/OHA rate is based (paid) on the primary residence location at the time called/ordered to active duty"; and c. there is no distinction made in the PPG or JFTR for AGR BAH when the...
ARMY | BCMR | CY2012 | 20120004737
He stated: a. he is a Title 32 AGR Soldier mobilized in support of overseas contingency operations, and requests a Secretarial BAH waiver based upon his previously approved exception to policy to receive BAH at his last duty station of (Adelphi, MD, 20783) due to his command directed No/Low cost move, effective 21 April 2011, to a unit mobilizing within 12 months of his assignment on 30 August 2011; b. effective 21 April 2011, he was transferred to HHC, 29th Combat Aviation Brigade, Edgewood...
ARMY | BCMR | CY2015 | 20150003879
The applicant states, in effect: * he received a letter from the Defense Finance and Accounting Service (DFAS) informing him of a $13,317.70 debt as a result of overpayment of BAH from 1 March 2004 to 30 January 2005 * DFAS assumed that he was not entitled to BAH at all when in fact he was deployed to Iraq during this period * During this period, he was paid BAH at the O-3 rate, with dependents, at zip code 27520, at $1,211.00 per month; this was the proper amount * his records were updated...
ARMY | BCMR | CY2013 | 20130009768
He provides: * self-authored memoranda, subject: [Applicant], Request for BAH Waiver to Retain BAH at Current Duty Location, dated 20 March 2013 and 10 April 2013 * e-mail correspondence * BAH waiver request template * document entitled Instructions to Obtain a BAH Waiver for PCS * ALARACT 021/2008 * ALARACT 324/2012 * letter, dated 11 March 2013, regarding his son's standing as a student * Officer Record Brief (ORB) * orders * Military Leave and Earnings Statement CONSIDERATION OF...
AF | BCMR | CY2013 | BC 2013 00387
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,...
AF | BCMR | CY2005 | BC-2005-02030
DPDFP cites the SAF/MR policy letter dated 4 March 2002, wherein the member does not qualify for BAH waiver eligibility. The distance between his duty stations of 135 miles clearly prohibit him from qualification for a BAH waiver under Joint Federal Travel Regulation (JFTR) U5355, and OSD BAH policy, wherein distance between duty stations is limited to 20 miles or a one hour commute time. _________________________________________________________________ THE BOARD DETERMINES THAT: The...
ARMY | BCMR | CY2012 | 20120002055
The applicant requests, in effect, dislocation allowance (DLA) and amendment of Orders 005-825, dated 5 January 2010, to show he was authorized DLA in conjunction with the permanent change of station (PCS) move from Nashville, TN, to Johnson City, TN. The applicant requested DLA and contends Orders 089-820, dated 30 March 2011, authorized him DLA and therefore, Orders 005-825, dated 5 January 2010, should be amended to show the same. As such, when he was directed to proceed on PCS, he was...
ARMY | BCMR | CY2010 | 20100016278
The applicant requests correction of the location used to calculate his Basic Allowance for Housing (BAH) for the period 16 June 2008 through 30 November 2009 in accordance with all Army activities (ALARACT) Message 021/2008. Joint Force Headquarters, Tennessee National Guard, memorandum, subject: BAH Waiver Request (applicant's name), dated 29 March 2010, in support of the applicant's waiver request, shows the applicant was transferred from the Tennessee National Guard Joint Force...
ARMY | BCMR | CY2010 | 20100016844
On 7 August 2009, the LAARNG denied her request to amend her PCS orders to show a no cost/low cost move. By her own admission, she did submit a claim for mileage cost for one trip between her old and new duty locations as authorized by her PCS orders and she rented an apartment in Carville until her deployment to Iraq in July 2007, indicating she did not continue to routinely commute from her residence in New Orleans to her new duty location. That she did not use her full PCS entitlement...
ARMY | BCMR | CY2014 | 20140014992
HRC Orders R-02-081755, dated 22 February 2010, ordered her to active duty in an Active Guard Reserve (AGR) status and assigned her to Company B, 399th Support Hospital, Taunton, MA, with a reporting date of 1 June 2010 under the provisions of Title 10, U.S. Code, section 12301(d). The applicant provided: a. a Days Inn hotel receipt, dated 26 September 2012, that shows her lodging for the period 24 through 26 September 2012; b. a travel query that shows her travels during the period 15...