IN THE CASE OF:
BOARD DATE: 1 March 2012
DOCKET NUMBER: AR20110025072
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 payment of basic allowance for housing (BAH) for the period 19 March 2005 through 13 February 2007.
2. The applicant states:
a. She enlisted on 8 January 2004 under the Army's Civilian Acquired Skills Program (ACASP) in pay grade E-4 with an accelerated promotion to E-5. Due to a long delay in the adjudication of her security clearance, she was not promoted by her unit, the 314th Military Intelligence Battalion, Lackland Air Force Base, Texas, until 13 February 2007. In anticipation of being automatically promoted to pay grade E-5 and becoming eligible for BAH she purchased a home in the local area because local regulations required that E-5's and above must live off post. Due to the extreme delay in her promotion to sergeant she did not receive BAH for nearly 2 years, which forced her to pay her mortgage based on the pay of an E-4.
b. The Army Board for Correction of Military Records (ABCMR), in case AR20080002546, dated 3 June 2008, changed her date of rank (DOR) to pay grade E-5 from 13 February 2007 to 19 March 2005. However, the Defense Finance and Accounting Service (DFAS) did not pay her BAH for that period.
3. The applicant provides copies of several memoranda written between her and the ABCMR concerning her application, her Leave and Earning Statements, a Deed of Trust, promotion orders, an Enlisted Record Brief, and correspondence relating to an investigation of her ACASP issue. She also provides:
*
a memorandum, dated 26 July 2007, concerning the local housing policy
* ABCMR Record of Proceedings (ROP) AR20080002546, dated 3 June 2008, with related documents
* DFAS-DE Form 67 (Military Pay and Allowance Voucher) with DFAS-DE Form 0-110 (Corrected Records Computation)
* DA Form 827 (Application for Arrears in Pay), dated 7 July 2011
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 8 January 2004 in the pay grade of E-4 for a period of 4 years under the ACASP as a Spanish/American Linguist, for training as an electronic warfare/signal intelligence specialist, the College Loan Repayment Program, and a $17,000 cash enlistment bonus.
2. The applicantÂ’s promotion to pay grade E-5 was delayed. At the time the applicant enlisted under ACASP she was informed that she would be advanced to pay grade E-5 upon completion of her required training, upon a demonstration of her proficiency, skill, conduct, and a favorable recommendation from her commander.
3. However, after completing her training, she was assigned to a unit requiring her to have a Top Secret security clearance. The adjudication of her clearance was delayed and she was denied advancement to pay grade E-5 until
13 February 2007, which was more than 3 years after she had enlisted and demonstrated she could perform at the E-5 level.
4. She was honorably released from active duty on 28 March 2011 as a staff sergeant. She had completed 7 years, 2 months, and 21 days of net active service.
5. In support of her request the applicant provides:
a. ABCMR Docket Number AR20080002546, dated 3 June 2008, showing her records were corrected to show she was promoted to pay grade E-5 with a DOR and effective date of 19 March 2005. She was also entitled to all back pay and allowances from that date.
b. DFAS-DE Form 67, dated 15 July 2008, showing the calculations used to determine the amount of base pay and basic allowance for housing she was paid.
c. DFAS-DE Form 0-110 showing she was owed base pay and basic allowance for quarters (BAQ) for the period 19 March 2005 through 12 February 2007. She was credited with BAH for the period 1 January through 12 February 2007 only.
d. DD Form 827, dated 7 July 2011, showing a request for payment of BAH at the without dependent rate for the period 19 March 2007 through 13 February 2007. A DFAS memorandum, dated 29 July 2011, responded to her request stating "Due to insufficient information, we are unable to make a determination in this case. You may submit a DD Form 149, Application for Correction to Military Records, along with any documents pertaining to your claim, and mail to the address on the back of the form."
e. A Memorandum from B Company, 314th Military Intelligence Battalion, subject: Statement of Non-availability of Barracks/BAH Authorization, dated
26 July 2007. The memorandum states "In accordance with AF Reg. 13206005, which state that housing priorities go to those that are E-1 thru E-4. Soldiers that are E-5 and above are not authorized to reside in the barracks, neither are those with more than three or more years of service."
DISCUSSION AND CONCLUSIONS:
1. The applicant contends she should receive payment of BAH for the period
19 March 2005 through 13 February 2007.
2. The evidence of record shows the ABCMR granted her request for an adjustment of her DOR from 13 February 2007 to 19 March 2005; as a result, she was entitled to all back pay and allowances. Therefore, she should receive all pay and allowances she would have received as an E-5 with a DOR of
19 March 2005.
3. DFAS provided a computation to correct her pay records, but only credited her account with BAH from 1 January to 12 February 2007, and presumably from that date forward.
4. The applicant's record should be corrected to show that as an E-5 she was authorized to reside off post and receive BAH at the appropriate rate effective
19 March 2005.
BOARD VOTE:
____X___ ___X ___ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result the Board recommends that all Department of the Army Records of the individual concerned be corrected by showing the applicant was authorized to reside off post and receive BAH at the appropriate rate effective 19 March 2005.
2. The Board further recommends that DFAS audit her military pay account to determine the pay she is owed as a result of the above correction and provide her the resulting pay.
___________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) AR20100023907
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110025072
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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