IN THE CASE OF:
BOARD DATE: 24 September 2015
DOCKET NUMBER: AR20150011111
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 removal of a self-authored memorandum for record, dated 18 January 2012, from his Official Military Personnel File (OMPF).
2. The applicant states:
* the document is not current or valid and should not be filed in his records
* the document was revoked the same month it was drafted under the guidance of his civilian counsel
* the document contains the social security number of his ex-wife, then a second lieutenant (2LT) and now identified by the applicant as First Lieutenant (1LT) A____ M. A____
* his ex-wife has attempted to gain basic allowance for housing (BAH) with the dependent rate on two occasions while he has full custody of their two daughters
* she attempted to do so by obtaining a memorandum signed by him stating she possesses custody of their children and that she pays regular child support, both of which statements are false
* she had the memorandum for record filed in his records as a means to complete her personnel actions when he refused to give her the falsified document
* the document is over 3 years old, does not represent their current legal order for divorce and custody, and has been officially revoked by him
* he contacted his unit personnel office, the Fort Bliss Defense Military Pay Office, the Defense Finance and Accounting Service-Indianapolis, and the integrated Personnel Electronic Records Management System support team to have the matter resolved, but no action was taken
* it is not his concern if the Defense Finance and Accounting Service-Indianapolis wants to pay her unauthorized BAH without custody of their children while not maintaining a residence and while sporadically paying child support
* a document tying his records to her fraud should not be in his records
3. The applicant provides:
* self-authored memorandum for record, dated 18 January 2012, subject: Child Support Arrangement, (Applicant) and 2LT A____ M. A____
* divorce decree
CONSIDERATION OF EVIDENCE:
1. The applicant is currently serving in the Regular Army in the rank of chief warrant officer two.
2. He provided a copy of his divorce decree, dated 28 February 2011. The divorce decree states:
* he and 1LT A____ M. A____ were appointed as parent joint managing conservators of their two daughters
* he has the exclusive right to designate the children's primary residence
* he has the exclusive right to receive and give receipt for periodic payments for the support of the children and to hold or disburse the funds for the benefit of the children
3. He also provided a copy of a memorandum for record, dated 18 January 2012, subject: Child Support Arrangement, (Applicant) and 2LT A____ M. A____, which states:
a. the children shared between the two parties would have a primary residence with the applicant,
b. support was owed and paid by 2LT A____ on a monthly basis per the divorce decree filed in the State of Texas by the aforementioned parties, and
c. the point of contact for the memorandum was the applicant.
4. The divorce decree shows a signature consistent with that shown on the subject memorandum for record.
5. On 22 May 2015, the subject memorandum for record was filed in his OMPF.
6. His records are void of and he failed to provide evidence showing the memorandum for record was invalid or revoked.
7. Army Regulation 608-99 (Family Support, Child Custody, and Paternity) provides Army policy, responsibilities, and procedures for financial support of family members, child custody and visitation, paternity, and compliance with court orders regarding these and related matters. Paragraph 2-6d(4)(a) states that if the Soldier does not have custody of any children, and the children do not reside in government quarters, the Soldier will provide BAH differential
(BAH-DIFF) to the military member having custody of the child or children.
8. Army Regulation 600-8-14 (Army Military Human Resource Records Management) prescribes Army policy for the creation, utilization, administration, maintenance, and disposition of the OMPF. It states documents that support pay, contain citizenship, proof of birth, dependent documents, and entitlements or benefits such as BAH, basic allowance for subsistence, loan repayment, and scholarships will be filed in the OMPF.
9. BAH-DIFF is the housing allowance amount for a member who is assigned to single-type quarters and who is authorized a BAH solely by reason of the member's payment of child support. A member is not entitled to BAH-DIFF if the monthly rate of that child support is less than the BAH-DIFF. BAH-DIFF is determined by the Secretary of Defense and was equal to the difference between basic allowance for quarters with dependents and basic allowance for quarters without dependents in 1997 for the member's grade. BAH-DIFF is published annually and is determined by increasing the previous year's rates by the percentage growth of military basic pay.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for removal the memorandum for record, dated 18 January 2012, from his OMPF was carefully considered.
2. Although the applicant states the memorandum for record is not current or valid and he revoked it, his records are void of and he failed to provide evidence of this.
3. Regardless, the governing Army regulation states documents relating to dependents, pay, and entitlements will be filed in the OMPF.
4. His divorce decree shows he has exclusive right to receive and give receipt for periodic payments for child support and the memorandum for record states he acknowledged support was owed by his ex-wife.
5. The memorandum for record is properly filed in his records.
6. There is an insufficient evidentiary basis for granting the requested relief.
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 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) AR20150011111
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20150011111
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2004 | 20040007904C070208
He was told by field grade officer(s) at the Camp Doha, Kuwait FSO (Financial Service Office) he was entitled to BAH-S. c. Finance officers could not agree on the proper interpretation of pay and allowances regulations as they applied to divorced Soldiers and the issue of dependents. The applicant provides: a. The applicant believes because he has a dependent child and pays court- ordered child support to his ex-wife, he should have been entitled to BAH-S while occupying Government...
ARMY | BCMR | CY2011 | 20110013839
His pay records at DFAS show he received BAH at the with dependent rate as follows: * 2007 $954.70 * 2008 $1,058.70 * 2009 $1,138.70 11. Single members who are authorized to reside off base at government expense who pay child support are entitled to the full, with-dependent rate housing allowance. Although single members who are authorized to reside off base at government expense and who pay child support are entitled to the full, with-dependent rate housing allowance, the applicant in...
ARMY | BCMR | CY2012 | 20120014144
Finance instructed me to submit the request and if I was not entitled to receive FSA, Finance would not authorize funding. The evidence of record does not support the applicant's request for full remission or cancellation of a debt in the amount of $28,554.80. The available records show the applicant received erroneous payments of FSA, COLA, HDP, and BAH.
CG | BCMR | Other Cases | 2005-012
Pursuant to the divorce decree, the applicant was awarded physical custody of the minor child, and the mother was ordered to pay the applicant child support of $125 per month. (2) A member of a uniformed service with dependents is not entitled to a basic allowance for housing as a member with dependents unless the member makes a certification to the Secretary concerned indicating the status of each dependent of the member. The applicant argued that his record should be corrected to...
ARMY | BCMR | CY2014 | 20140003469
b. BAH-DIFF is the housing allowance amount for a member who is assigned to single-type quarters and who is authorized a basic allowance for housing solely by reason of the member's payment of child support. The child must be dependent upon the member for over one-half of the child's support. The evidence of record shows that $788.67 monthly is being deducted from his pay on his LESs as SUPPORT/COMM DEBT.
ARMY | BCMR | CY2011 | 20110019796
Application for correction of military records (with supporting documents provided, if any). The applicant states that upon enlistment in the Army in May 1999, he was under a court order to provide support to his dependent son. In the absence of additional evidence that conclusively shows he was paying adequate child support, his child was enrolled in DEERS, and the periods and grades for the period shown on his DD Form 214 that show he was not married to another Soldier receiving the...
ARMY | BCMR | CY2007 | 20070003589
The applicant requests, in effect, payment of basic allowance for housing (BAH) for the period from 1 January 2006 to his retirement on 31 October 2006; and BAH-Differential (BAH-DIFF) from 7 November 2002 to 31 December 2005. The evidence clearly shows that the applicant was divorced on 7 November 2002 and that he was required to pay child support in the amount of $1,000.00 per month. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
CG | BCMR | Other Cases | 2009-102
The PPC addressed the applicant’s claim for BAH-with but stated that his request for court costs and for compensation for pain and suffering “are beyond the scope of this memo.” The PPC stated that when two members divorce, the custodial parent receives BAH-with even if he or she receives child support from the other member, and the non-custodial member is only entitled to BAH-with “if otherwise qualified.” However, “if the custodial parent agrees in a notarized writing, the non-custodial...
NAVY | BCNR | CY2008 | 03173-08
Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed written application, enclosure (1), with this Board requesting, in effect, that the applicable naval record be corrected to show Petitioner is entitled to payment of Basic Allowance for Housing (BAH) at the “with dependent” rate and Family Separation Allowance (FSA) for the period between 1 September 2007 and 14 May 2008. . By enclosure (1), Petitioner seeks a change to his record to show that...
ARMY | BCMR | CY2009 | 20090008034
Soldiers who volunteer to remain on active duty beyond the 24-month [730 days] mobilization authorized under the involuntary provisions of Title 10, U.S. Code, section 12302, and to serve under the provisions of Title 10, U.S. Code, section 12301(d), on an extended tour up to 12 additional months or to be reassigned to another unit upon completion of 12 months of BOG in Iraq, Afghanistan, or certain theater units for up to 12 additional months are eligible for voluntary AIP. The evidence...