IN THE CASE OF:	  

		BOARD DATE:	  25 November 2014

		DOCKET NUMBER:  AR20140003713 


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 that he be granted an exception to policy to receive basic allowance for housing (BAH) for his dependents located in Elk Grove, California instead of Fort Huachuca, Arizona.  

2.  The applicant states, in effect, that his wife’s enrollment in the Exceptional Family Member Program (EFMP) was not considered when he was assigned to Fort Huachuca.  He attempted to get his assignment changed because he was advised there was no medical care for his spouse at Fort Huachuca and the EFMP coordinator at Fort Huachuca advised him he should not bring his wife to Fort Huachuca.  He applied for a BAH waiver that was denied by the U.S. Amy Human Resources Command (HRC).  He was advised to apply for a compassionate reassignment; however, by that time he had less than 8 months of service left before he was due to separate due to expiration of his term of service.

3.  The applicant provides copies of email messages relating to his request for a BAH waiver, his wife’s enrollment in the EFMP, permanent change of station (PCS) and separation orders, Enlisted Record Brief, and copies of documents from his wife’s medical records.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 10 August 2006.  

2.  He deployed to Iraq during the period 20071128 – 20090215.    
3.  He was transferred to Fort Irwin, California.  He deployed to Afghanistan during the period 20100428 – 20110430.

4.  He was transferred to Camp Humphrey, Korea on 21 August 2012.

5.  PCS orders were published on 18 April 2013, which transferred him to Fort Huachuca effective 10 October 2013.

6.  The documents he provides indicate he began the process of enrolling his spouse into the EFMP in August 2013.

7.  The EFMP Coordinator at Fort Huachuca signed a memorandum on             19 September 2013, indicating there was no specialized medical care for his spouse available in the Fort Huachuca area.

8.  He submitted a request for a BAH exception to policy on 23 September 2013, and it was supported by his battalion commander.

9.  Officials at HRC dispatched an email to the applicant on 7 January 2014, informing him that his request for a BAH waiver was denied and advised him to request a compassionate reassignment through the Special Actions Branch at HRC.
 
10.  He submitted his application to this Board on 19 February 2014.  On 6 July 2014, he was honorably discharged at Fort Huachuca due to completion of required service.  He served 7 years, 9 months, and 23 days of active service.  

11.  All Army Activities (ALARACT) Message 324/2012 date time group 141232Z November 2012, Subject: Exception to Policy Guidance for Basic Allowance for Housing (BAH) Waivers provides implementation guidance for all Soldiers who desire to receive BAH at other that the permanent duty station location when circumstances require the dependents to reside separately.  It provides, in pertinent part (paragraph 4), that a Soldier may be considered for a Secretarial BAH waiver for enrollment in the EFMP or medical considerations.  Soldiers who have dependents with exceptional needs or medical considerations that warrant leaving them at the previous duty station location temporarily due to continuity of care or service that cannot readily be provided may be considered.  A letter from the gaining station’s EFMP coordinator is required.





DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he should have been granted a BAH waiver allowing him to receive BAH for California instead of Fort Huachuca has been noted and appears to have merit.

2.  While it appears that his situation has been overcome by his discharge, it appears the applicant did not enroll his spouse in the EFMP until after he had received assignment instructions, which would account for why enrollment in the EFMP was not considered when his assignment was made.  However, it also appears that the timing of his enrollment of his spouse in the EFMP was based on when she was diagnosed and was not within his control.

3.  The evidence of record shows he was serving an unaccompanied tour in Korea when his spouse was diagnosed and he was tasked with trying to deal with his problem through long-distance.  It also appears he did everything required of him to resolve the situation. 

4.  In any event, the denial of his BAH waiver resulted in his having to bear the extra expense associated with his family remaining in California so his spouse could receive medical care that was not available at his new duty station.

5.  Therefore, as a matter of equity, his records should be corrected to show he was granted a BAH waiver for his family to remain in Elk Grove, California effective the date he reported to Fort Huachuca, Arizona. 

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1. 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 showing he was granted a BAH Waiver for his family to remain in Elk Grove, California effective the date he reported to Fort Huachuca, Arizona until his discharge on 6 July 2014, with entitlement to all back pay that flows from this action. 

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Global War on Terrorism are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.




      _____________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)                                         AR20140003713





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ABCMR Record of Proceedings (cont)                                         AR20140003713



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