IN THE CASE OF:	  

		BOARD DATE:  26 July 2012

		DOCKET NUMBER:  AR20120000369 


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, in effect, correction of his military records to show that he had made a proper and timely request for an exception to policy for basic allowance for housing (BAH) and that his request was approved.

2.  The applicant states he is requesting an exception to policy for BAH for the period from 1 May to 28 September 2011.  He contends that he initiated this action on 1 April 2011 for the purpose of having his BAH based on his home of record address in Detroit, MI.

3.  The applicant provides copies of:

* Orders to active duty in an Active Guard Reserve (AGR) status, dated       30 November 2007 with duty location in Michigan
* Orders for reassignment within Michigan, dated 14 February 2011
* Orders for reassignment to Fort Leonard Wood, MO, dated 9 March 2011
* Defense Finance And Accounting Service Form 702 (Leave and Earnings Statement) for 1-31 March 2011
* Memorandum for Record, Exception to Policy for BAH, dated 1 April 2011 with Operations Officer signature block
* Memorandum for Record, Exception to Policy for BAH, dated 1 April 2011 with applicant's signature block and signature
* Letter, to whom it may concern, for employment verification of spouse, dated 1 April 2011
* Letter, to whom it may concern, for student status of spouse, dated 8 April 2011
* Letter, to whom it may concern, for medical condition of spouse, dated      9 April 2011
* Orders, dated 10 May 2011
* DD Form 1172 (Application for Uniformed Services Identification Card - DEERS Enrollment), dated 10 November 2011
* Email communications during the period 13 April to 18 November 2011
* Email communications on 10 November 2011
* Email communications during the period from 18 to 26 April 2011

CONSIDERATION OF EVIDENCE:

1.  At the time of his application, the applicant was a captain, pay grade O-3, serving in an AGR status in Michigan.

2.  Permanent change of station (PCS) Orders R-03-183749, Fort Knox, KY, dated 9 March 2011, reassigned the applicant from Michigan to Fort Leonard Wood, MO for the purpose of attending school.  He was given a reporting date of 1 May 2011.  These orders authorized the applicant full PCS entitlements to include the shipping of household goods and movement of family.

3.  On 1 April 2011, the applicant's operations officer submitted a memorandum for record requesting an exception to policy for BAH.  An exact copy of this memorandum was also prepared and signed by the applicant.  The memorandum essentially stated the following:

	a.  The applicant is an AGR Soldier ordered to attend the Military Police Officer Advanced Course at Fort Leonard Wood, MO.  Training is about 6 months in duration and starts on 1 May 2011.  The applicant is requesting an exception to policy for BAH in order to allow his wife to remain at her current home in Michigan.

	b.  The applicant understood and would comply with the limited PCS entitlements which included limited shipment of household goods to less than 600 pounds.

	c.  The circumstances requiring this request included the spouse's enrollment in a local college campus; the spouse's desire to continue her employment; and the spouse's desire to maintain her current medical treatments for uninterrupted continuity of care.

4.  PCS Orders R-05-186517, Fort Knox, KY, dated 10 May 2011, reassigned the applicant to his previous unit in Michigan.  His reporting date was 3 October 2011.  These orders authorized the applicant full PCS entitlements to include the shipment of household goods and movement of family.

5.  In his email communications, dated 26 April 2011, the applicant stated that he had attempted to call the G-1, but the number listed on the global email was not her current number.  He also advised in this communication that he would lose use of his current email address and provided an alternate email address and his cell phone number.

6.  In an email, dated 10 November 2011, the applicant's mobilization officer responded to the G-1 saying that the applicant "most likely didn't respond to your email because his ARNet [Army Reserve Network] account and email were suspended while he was at his career course.  Long story short, he never received the email.  His packet was in for review well before he left for the course."

7.  In the processing of this case, an advisory opinion was obtained from the Deputy Chief, Compensation and Entitlements Division, Office of the Deputy Chief of Staff, G-1 (Personnel Officer), Washington, DC.  The opinion stated, in essence, that the applicant's request was originally received on 18 April 2011.  However, it was not signed by the applicant and did not contain a DD Form 1172.  Additional information was requested on 2 May 2011, but the emails were rerouted due to incorrect addresses.  In the absence of a Secretarial exception to policy for BAH, the applicant's BAH entitlement was at the "with dependent" rate at Fort Leonard Wood, MO.  The G-1 has no authority to approve a BAH waiver retroactively.

8.  On 5 April 2012, the applicant wrote his response to the G-1 advisory opinion.  He argued that:

	a.  he had advised his unit G-1 to ensure that all responses from the G-1 in Washington DC were routed to the email address as provided and not to his U.S. Army Reserve (USAR) email;

	b.  he had no access to his USAR account after his PCS;

	c.  he provided the G-1 his cell phone number so he could answer any questions;

	d.  he contends that the authority to approve the waiver retroactively should not have become necessary because he had submitted his request on 18 April 2011; and
	e.  he is asking for the Secretarial exception referred to in the advisory opinion.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected to show that he had made a proper and timely request for an exception to policy for BAH and that his request was approved.

2.  The available evidence in this case shows that the applicant was placed on a 6-month PCS for the purpose of attending professional training.  At the end of the training he was to return to his previous duty station.  This PCS involved his moving from Michigan to Missouri.  His orders provided full travel entitlements.  However, due to his spouse's situation, she was not making the move, but rather was remaining in their home in Michigan.  Accordingly, the applicant requested an exception to policy to retain BAH at his current Michigan rates.

3. The advisory opinion implies that if the applicant's request had been signed by him and had he provided a DD Form 1172, then his request would have been approved.  It states that there is no authority to approve this request retroactively without Secretarial authority.

4.  The applicant bears some responsibility for submitting an incomplete request. However, his chain of command should have seen the faults and acted quickly to correct them.  Given the applicant knew he was going to return to his unit in Michigan in less than a year; and given his spouse's desires based on her condition and needs, his request for an exception to policy to retain BAH based on his Michigan home was not unreasonable.

5.  In view of the above, and as a matter of equity, the applicant's request should be granted.

BOARD VOTE:

___X ___  ___X____  ___X  ___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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:

	a.  showing he submitted on 1 April 2011, a properly-signed request for an exception to retain BAH at the Michigan with-dependents rate, and that this request contained all necessary enclosures and it was approved by the appropriate office;

	b.  amending his PCS orders to and from Fort Leonard Wood, MO to incorporate his exception to policy for BAH based on his Michigan address; and

	c.  auditing his military finance records and paying him any monies due as a result of this correction.



      __________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)                                         AR20120000369





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ABCMR Record of Proceedings (cont)                                         AR20120000369



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