RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-03886
		INDEX CODE:  128.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be provided Basic Allowance for Housing (BAH) at a rate based on his spouse’s residence rather than for his permanent duty location.

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APPLICANT CONTENDS THAT:

His wife has been diagnosed with severe depression and anxiety disorder.  Due to her illness, she has been moved back to her home state to overcome this with the support from her friends and family.  Recently, she has been forced to find a job, despite her condition, due to the fact that she was only receiving BAH for his permanent duty location rather than for her current location.  That is a difference of over $500.00.  He believes this is unjust.

In support of his appeal, the applicant provided a statement from his spouse’s treating physician.

Applicant’s complete submission, with attachment, is at Exhibit A.

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STATEMENT OF FACTS:

Information extracted from the Personnel Data System (PDS) indicates that the applicant is currently serving on active duty in the grade of airman first class, having been promoted to that grade on 22 Jul 01.  His Total Active Federal Military Service Date (TAFMSD) is 22 Mar 00.

The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force.

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AIR FORCE EVALUATION:

HQ USAF/DPPCC recommending denial indicating that by law (Title 37, United States Code (USC), Section 403), a member is entitled to BAH at a rate determined by their permanent duty station in the Continental United States (CONUS) in accordance with Department of the Defense (DOD) policy as set forth in DODFMR, Volume 7A, Chapter 26.  According to HQ USAF/DPPCC, the applicant does not qualify for a BAH waiver.  BAH waivers are considered by the Service Secretary for members assigned to dependent-restricted/unaccompanied tours, low-cost/no-cost moves in the same local area, and permanent change of station moves that involve training and are less than 12 months.  The applicant’s situation does not fall into the aforementioned categories.  

A complete copy of the HQ USAF/DPPCC 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 applicant on 6 Jan 03 for review and response.  As of this date, no response has been received by this office (Exhibit C).

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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.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  The applicant's complete submission was thoroughly reviewed and his contentions were duly noted.  However, we do not find the applicant’s assertions, in and of themselves, sufficiently persuasive to override the rationale provided by the Air Force office of primary responsibility (OPR).  While we find the applicant’s situation to be unfortunate, in the absence of sufficient evidence that his current BAH rate is erroneous, we agree with the recommendation of the OPR and adopt their rationale as the basis for our decision that the applicant has failed to sustain his burden of establishing that he has suffered either an error 
or an injustice.  Accordingly, we find no compelling basis to recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered AFBCMR Docket Number 02-03886 in Executive Session on 11 Mar 03, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 20 Nov 02, w/atch.
    Exhibit B.  Letter, HQ USAF/DPPCC, dated 6 Jan 03.
    Exhibit C.  Letter, SAF/MRBR, dated 17 Jan 03.