RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-00453
		INDEX CODE:  128.12
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

Her initial set of orders be corrected to reflect a tour length of 140 days so that she may be authorized to receive basic allowance for housing (BAH-I) commencing the first date of her orders in support of Joint Task Force (JTF) - Olympics.

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APPLICANT CONTENDS THAT:

Because the Reserve component personnel were placed on orders 139 days or less in length, they are only entitled to BAH-II (reduced BAH).  The initial intent was to task the individuals to remain in position for the duration of the mission.  The issuance of orders for 139 days or less created an inequity between the Reserve component members and the active component counterparts working in the same positions.  

In support of her request, applicant provided a memorandum from the commander in Chief, U.S. Joint Forces Command (USJFCOM).  Her complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant, an Air Force Reserve member, participated in JTF - Olympics for a period of 43 days.

The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force.  

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AIR FORCE EVALUATION:

AFRC/FMF reviewed applicant's request and states that the DoD Financial Management Regulation clearly states "members called or ordered to active duty for 139 days or less are entitled to BAH-II...if the member receives an order modification or extension of assignment, the prospective period of active duty must be 140 days or more and BAH-I would start on the date of modification.  Members called or ordered to active duty for 140 days of more are entitled to BAH-I."  Even though the applicant performed over 140 days in total, the extension of his orders did not meet the provisions of this DoD guidance.

The FMF evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 9 Jul 02 for review and comment within 30 days.  As of this date, this office has received no response.

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THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  Evidence provided in support of her appeal, to include a statement from a senior Army officer involved, has led us to believe that the intent of the JTF Olympics document planners was for all individuals tasked to support the operation to remain in position for the duration of the operation, which was scheduled to end in March 2002.  While the orders that were initially published were not technically incorrect, we believe that they were not in compliance with the intent of the JTF planners and as a result, the applicant was only authorized to receive BAH-II.  It is our opinion that the initial orders provided to the applicant, should have been published in accordance with the intent of JTF planners.  Therefore, in the interest of equity, we believe that it would be appropriate to correct the applicant’s records to the extent indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that special order RO-0866 for the purpose of Joint Task Force Olympics, was issued for a duration of 140 days and she was entitled to Basic Allowance for Housing-I (BAH-I).

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The following members of the Board considered Docket Number 02-00461 in Executive Session on 24 Jul 02, under the provisions of AFI 36‑2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 29 Jan 02, w/atchs.
     Exhibit B.  Letter, AFRC/FMF , dated 14 Jun 02.
     Exhibit C.  Letter, SAF/MRBR, dated 9 Jul 02.

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AFBCMR 02-00453

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that special order R0-0866, for the purpose of Joint Task Force Olympics, was issued for a duration of 140 days and she was entitled to Basic Allowance for Housing-I (BAH-I).