IN THE CASE OF:	

		BOARD DATE:	    14 January 2014

		DOCKET NUMBER:  AR20130021528 


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 his military records by showing he was granted an exception to the basic allowance for housing (BAH) policy to provide payment based on Raleigh, NC vice Fort Bragg, NC.

2.  The applicant states he was granted a BAH policy waiver in September 2010 based on his previous permanent duty station (PDS) of Raleigh, NC because his orders had authorized only a no cost/low cost move to Fort Bragg, NC.  He continued to commute from his home in Raleigh, NC to Fort Bragg until 2012, when he was ordered on a permanent change of station (PCS) move from Fort Bragg, NC to Pakistan for the purpose of attending the Senior Service School.  Upon completion of his training, he again received PCS orders assigning him back to Fort Bragg, NC.  While he was in Pakistan, his family remained in Raleigh.  There was no change in the status of where they lived.  When he returned to Fort Bragg, he was informed that his previous waiver had expired and he would have to submit a new request.  He did so, but it was rejected.  The applicant contends that he is not clear on why his request was rejected.  He argues that his family's status has remained unchanged from when his 2010 waiver was approved.

3.  The applicant provides copies of:

* Memorandum, Office of the Deputy Chief of Staff, G-1, dated 7 September 2010
* Memorandum from the applicant to Office of the Deputy Chief of Staff,    G-1, undated
* DFAS Form 702 (Defense Finance and Accounting Service Military Leave and Earnings Statement) for 1-31 July 2013
* Memorandum from the applicant to the Deputy Chief of Staff, Compensation and Entitlements Division, dated 16 August 2013
* Email communication between applicant and Compensation and Entitlements Division, dated 4 and 5 September 2013
* Email communication between the applicant and the Army Review Boards Agency, dated between 20 September and 18 October 2013

CONSIDERATION OF EVIDENCE:

1.  The record shows the applicant, at the time of his application, was a colonel, pay grade O-6, serving on active duty in the Regular Army.

2.  In an undated memorandum, the applicant requested an exception to policy for a BAH waiver.  He stated that he was assigned as the Battalion Commander of the United States Army Recruiting Battalion in Raleigh, NC.  He was then reassigned to Headquarters, Special Forces Command at Fort Bragg, NC under low-cost/no cost-orders.  He made a housing decision based on the BAH in effect at his old PDS.  He requested to continue to receive the higher BAH rate at Raleigh, NC, where he purchased a house in April 2009.  He was scheduled for a temporary change of station (TCS) to Afghanistan.

3.  On 7 September 2010, the Chief, Compensation and Entitlements Division, Office of the Chief of Staff, G-1 granted the applicant's request to receive BAH allowances based on Raleigh, NC vice Fort Bragg, NC, because he was moved on orders that only authorized a no cost or low cost move from Raleigh to Fort Bragg.  In this approval, the applicant was informed that should he receive PCS entitlements, this waiver would become void and his BAH would then be based on Fort Bragg, NC.

4.  Orders 128-36, Fort Bragg, NC, dated 8 May 2012, directed the applicant to proceed on a PCS to attend the National Security and War Course located in Pakistan.  These orders authorized shipment of household goods and acknowledged he had dependents.  His PCS was to be to an unaccompanied tour.  The orders indicate that the applicant elected to leave his dependents at their current place of residence in Wake Forest, NC.  His reporting date was 
3 August 2012.

5.  Orders 164-141, Fort Jackson, SC, dated 13 June 2013, directed the applicant to proceed on a PCS move from Islamabad, Pakistan, to Fort Bragg, NC for duty at the Special Warfare Center.  These orders authorized shipment of household goods and identified each of his dependents by name.  Information concerning the Military Sponsorship Program was provided.  He was informed about how to obtain relocation information for his gaining installation and the surrounding area.

6.  On 16 August 2013, the applicant again requested a BAH waiver to continue receiving the higher BAH rate at Raleigh, NC, vice the lower BAH rate at Fort Bragg, NC.  He stated that his original waiver was based on low-cost/no-cost orders that reassigned him from Raleigh, NC to Fort Bragg, NC in 2010.  In 2012 he had been selected as a principal on the 2012 academic year Senior Service College and was directed to attend.  He further stated that his PCS to Pakistan was in an unaccompanied PCS status.  He was authorized family separation allowance and limited PCS entitlements.  As per his original BAH policy waiver that was granted in 2010, he again made the decision when he returned to Fort Bragg, NC to commute from Raleigh, NC to Fort Bragg, NC and to continue to receive the higher BAH rates based on living in Raleigh, NC.

7.  On 4 September 2013, the applicant was informed by the Chief, Compensation and Entitlements Division, Office of the Chief of Staff, G-1 that his situation did not represent a low-cost/no-cost move.  He had completed a PCS and was not entitled to a BAH waiver under current policy.  His request for a BAH policy waiver was disapproved.

8.  The Department of Defense Financial Management Regulation (DODFMR), volume 7a, chapter 26, table 26-9, note 1e, states that a member assigned to a PDS in the United States is entitled to BAH at the rate applicable to the location where their dependents maintain a permanent residence or the member's old duty station if the Service Secretary or a designated representative determines it is necessary for dependents to reside in a military housing area other than the one in the PDS.

9.  The DODFMR further states that a waiver may be granted for the BAH rate at the member's old duty station if the Soldier has been disadvantaged as a result of reassignment for reasons of improving mission capability and readiness of the unit, in receipt of PCS orders between duty stations located in the same proximity, and disallowed movement of HHG.  The Secretary concerned must issue a determination that a decision to implement this policy is in the interest of correcting an inequity incurred due to movement of the individual for purposes of improving mission capability and unit readiness.

10.  The Fiscal Year 2001 National Defense Authorization Act provides policy guidance for Secretarial waiver to receive BAH at other than the Soldier's duty station location.  All Army Activities Message 021/2008, subject:  Exception to Policy Guidance for BAH Waivers, clarifies this policy and provides authority for the Service Secretaries to approve BAH waivers when:

	a.  the member is assigned to a PCS under the conditions of a no cost/low cost move;

	b.  duty at the member's PDS or circumstances of the assignment to the PDS requires the member's dependents to reside separately from the member; or

	c.  professional military education and training requires a PCS move of 
12 months or less.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his BAH should be adjusted to provide the Raleigh, NC rate vice the rate at Fort Bragg, NC.

2.  The available evidence shows that because the applicant was disadvantaged by a low-cost/no cost move from Raleigh, NC to Fort Bragg, NC in 2010, he was granted a waiver of BAH policy to retain the higher rate at Raleigh, NC where his family was living.  However, later when he was placed on PCS orders from Fort Bragg to Pakistan and PCS orders to return to Fort Bragg, NC, this disadvantage disappeared because he now had full travel entitlements to move his family and household goods from Raleigh, NC to Fort Bragg, NC.

3.  There is no evidence showing that the circumstances at the member's current PDS requires his dependents to reside separately.

4.  The applicant's argument that he should retain an exception to policy because he chose not to move his family to Fort Bragg, NC so as to retain the higher BAH rate at Raleigh, NC is without merit.  There is no error or injustice.

5.  In view of the foregoing, the applicant's request should be denied.

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 that 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)                                         AR20130021528





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ABCMR Record of Proceedings (cont)                                         AR20130021528



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