IN THE CASE OF:
BOARD DATE: 14 April 2015
DOCKET NUMBER: AR20140012964
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 a Basic Allowance for Housing (BAH) waiver retroactive to 21 May 2013.
2. The applicant states, in effect, that he submitted a DA Form 5960 (Authorization to Start, Stop or Change Basic Allowance for Quarters (BAQ) and/or Variable Housing Allowance) on 21 May 2013 and because of administrative delays that were no fault of his own, it was not approved until
12 July 2013 when he in-processed at the Command and General Staff College at Fort Leavenworth, Kansas. His request for a BAH waiver was denied on 15 July 2013 by the office of the Deputy Chief of Staff, G1, based on the fact that he was not receiving BAQ with dependents. He and his spouse submitted changes to their BAH status to their respective personnel offices on 21 May 2013 and he submitted his request for a BAH waiver on 27 June 2013. His wifes request was processed first and his request was administratively delayed, which caused his request to be denied because it did not show that he was serving with dependents. Additionally, he again applied for a BAH waiver and it was denied on 10 June 2014 because it was not submitted in a timely manner.
3. The applicant provides a list of enclosures on page 6 and 87 of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant was serving as a U.S. Army Reserve (USAR) major as an Individual Mobilization Augmentee (IMA) at the time he submitted his DA Form 5960 on 21 May 2013 to change his BAH status from without dependents to with dependents. His spouse, also a major, was serving on active duty in the Active Guard Reserve (AGR) program, submitted her request on 21 May 2013 to change from with dependents to without dependents (according to the applicant).
2. The emails provided by the applicant with his application show that on
17 June 2013, the applicant was notified by her personnel official that his spouses election had not taken effect and that finance could not change his until his spouse changed hers. They also indicate that additional documents were required from the applicant.
3. On 12 July 2013, he was ordered to active duty for training to attend the Command and General Staff Officer Course. His orders authorized movement of household goods and dependents.
4. The applicant has not provided a copy of his request for a BAH waiver; however, on 15 July 2013, officials at the office of the Deputy Chief of Staff, G1, notified the applicant by email that there was no authority to grant a waiver for Soldiers who receive BAH at the without dependents rate.
5. On 22 June 2014, the Office of the Deputy Chief of Staff, G1 denied the applicants request for a waiver of BAH policy based on his not receiving BAH at the with dependents rate prior to his permanent change of station and because he did not receive a change of his BAH status until 29 July 2013 when he reported to Fort Leavenworth.
6. The applicant did not submit a copy of his original DA Form 5960. His records only contain a DA Form 5960 dated 4 April 2014 which shows he changed his BAH status to with dependents and it was approved on 23 June 2014.
7. 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 Professional Military Education or Training of 12 months or less.
DISCUSSION AND CONCLUSIONS:
1. Notwithstanding the applicants claim that he submitted his DA Form 5960 in a timely manner and it was administratively delayed in processing through no fault of his own, he has failed to show through the evidence submitted with his application to show that such was the case. He has also provided no evidence from his unit at the time that corroborates his contention.
2. In any event, there is insufficient evidence to show that his request was not properly processed, especially given that his official records contain a DA Form 5960 showing that he applied for a change of BAH to the with dependents rate on 4 April 2014 and it was approved on 23 June 2014.
3. Accordingly, it appears that there is no basis to grant his request for a BAH waiver effective 21 May 2013.
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) AR20140012964
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ABCMR Record of Proceedings (cont) AR20140012964
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