IN THE CASE OF:
BOARD DATE: 5 February 2013
DOCKET NUMBER: AR20120010303
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 the effective date of his basic allowance for housing (BAH) and cost of living allowance (COLA) to 24 January 2012 instead of 19 April 2012.
2. The applicant states:
a. He is currently permanently assigned (permanent change of station (PCS)) to Fort Lee, VA, attending the Combined Logistics Captains Career Course. The course began on 24 January 2012 and will end on 29 June 2012.
b. The Headquarters, Department of the Army, Deputy Chief of Staff, G-1, approved his BAH/COLA waiver request effective 19 April 2012. The approval date should be 24 January 2012 and he should receive the Hawaii BAH rate retroactively.
c. He initially submitted his BAH/COLA waiver request to his unit on 4 November 2011, well beyond the course starting date. After making corrections to the request and conducting numerous follow-ups, the G-1 finally received the request for approval on 19 April 2012.
d. It is unjust that he should not receive the Hawaii BAH rate retroactively from 24 January 2012 when he had no control over the waiver request process.
3. The applicant provides:
* PCS orders
* BAH waiver approval
* BAH waiver request
* Commander's Inquiry
* email correspondence
CONSIDERATION OF EVIDENCE:
1. The applicant was appointed as a second lieutenant in the U.S. Army Reserve Medical Services Corps on 14 August 2006. He was appointed as a second lieutenant in the Hawaii Army National Guard on 17 August 2006. He was promoted to captain on 3 February 2011.
2. On 9 January 2012, he was ordered to active duty for training at Fort Lee, VA.
3. On 5 March 2012, he requested a BAH waiver for the period 24 January 2012 to 29 June 2012 while attending the Combined Logistics Captains Career Course at Fort Lee, VA.
4. On 3 May 2012, his request for a policy waiver to receive BAH and COLA at the with-dependent rate based on his dependent's location in Hawaii while attending the Combined Logistics Captains Career Course at Fort Lee, VA, was approved as of 19 April 2012. The memorandum stated that effective 26 June 2003, the Service Secretary or designee may grant a BAH/COLA waiver for Soldiers departing PCS for 12 months or less to attend professional military education or training classes and the Soldier resides separately from his/her dependents.
5. On 15 May 2012, a commander's inquiry was conducted into his BAH waiver request process with the following findings:
a. The delay in processing the BAH waiver request was not entirely the fault of the applicant and was avoidable.
b. The effective date of this request should be corrected to cover his entire PCS period.
c. Although he submitted the first version of his BAH waiver request on 4 November 2011, his BAH waiver was not processed through G-1 until 19 April 2012. This resulted in a late approval effective date of 19 April 2012. The waiver is not retroactive.
d. He should submit an application to the Army Board for Correction of Military Records.
6. He completed the Combined Logistics Captains Career Course and he was released from active duty on 30 June 2012.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows the applicant departed from Hawaii to attend the Combined Logistics Captains Career Course at Fort Lee, VA, during the period 24 January 2012 to 29 June 2012. He was granted a BAH/COLA waiver as of 19 April 2012.
2. He contends the effective date of his BAH/COLA waiver should be 24 January 2012, the starting date of his training course.
3. The evidence confirms he submitted a request for a BAH/COLA waiver in November 2011 and his waiver was not processed until 19 April 2012 through no fault of his own which resulted in a late approval date.
4. He was eligible for this waiver on 24 January 2012 and did absolutely nothing wrong. In view of the facts of this case and based on the Commander's Inquiry findings, it would be appropriate and serve the interest of justice and equity to correct his records by amending the effective date of his BAH/COLA waiver to 24 January 2012.
BOARD VOTE:
____X___ ____X___ ___X__ _ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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 his BAH/COLA waiver was approved in a timely manner to be effective 24 January 2012 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) AR20120010303
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ABCMR Record of Proceedings (cont) AR20120010303
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