RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-03416
		INDEX CODE:  128.12
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His Basic Allowance for Housing (BAH) election be changed to reflect an effective date of 1 Dec 01, rather than 1 Oct 03.

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APPLICANT CONTENDS THAT:

He was supplementally selected for promotion to the grade of senior master sergeant, with a retroactive date of rank and effective date of 1 Dec 01.  Since he and his spouse were both master sergeants at the time, it made no difference who claimed with-dependent rate or without-dependent rate BAH.

In support of his request, applicant provided AF Forms 594, Application and Authorization to Start, Stop or Change Basic Allowance for Quarters (BAQ) or Dependency Redetermination; documentation associated with his previous AFBCMR appeal, a letter from his spouse, an email communication, and documentation associated with his supplemental promotion selection.  His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

As the result of prior AFBCMR determinations that were decided in the applicant's favor, he was supplementally considered and selected for promotion to the grade of senior master sergeant for the 01E8 promotion cycle.  On 15 Nov 02, he was promoted with a date of rank and effective date of 1 Dec 01.  As of 1 Dec 01, since both he and his military spouse were serving in the grade of master sergeant, he received BAH at the with-dependent rate and his spouse received BAH at the without-dependent rate.  

At the grade of senior master sergeant their total BAH income would have been $1,136.  If the requested relief is approved, the total BAH income will be $1,162, an increase of approximately $26.

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AIR FORCE EVALUATION:

USAF/DPPC recommends denial.  DPPC states that under the DoD Financial Management Regulation, members must elect which one is to receive the with-dependent rate BAH.  If they cannot agree as to the election, the entitlement will rest with the senior member.  There is no authorization in law or policy that allows the election to be retroactive.  The DPPC evaluation is at Exhibit B.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states that the Air Force evaluation misstated his request.  He is requesting that his election be that he receive BAH at the without-dependent rate, rather than at the with-dependent rate.  His complete submission is at Exhibit D.

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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.  We took notice of the applicant's complete submission in judging the merits of the case; however, the Board majority agrees with the opinion and recommendation of the Air Force office of primary responsibility and adopt their rationale as the basis for their conclusion that the applicant has not been the victim of an error or injustice.  Therefore, in the absence of evidence to the contrary, the Board majority finds no compelling basis to recommend granting the relief sought in this application.

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RECOMMENDATION OF THE BOARD:

A majority of the panel finds insufficient evidence of error or injustice and recommends the application be denied.

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The following members of the Board considered AFBCMR Docket Number BC-2003-03416 in Executive Session on 12 Jan 04, under the provisions of AFI 36‑2603:

By a majority vote, the Board voted to deny the request.  Mr.	 voted to correct the record and elected to submit a minority report.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 10 Oct 03, w/atchs.
    Exhibit B.  Letter, USAF/DPPC, not dated, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 31 Oct 03.
    Exhibit D.  Letter, Applicant, dated 5 Dec 03.
    Exhibit E.  Minority Report

					

AFBCMR BC-2003-03416

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 on 1 December 2001, he elected to receive Basic Allowance for Housing at the without-dependent rate, rather than his spouse.

							

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR
                                        CORRECTION OF MILITARY RECORDS

SUBJECT:  Minority Report in the AFBCMR Application of, 

	The applicant and his spouse submitted joint requests requesting that their records be corrected to reflect that he elected to receive Basic Allowance for Housing (BAH) at the with-out dependent rate effective 1 Dec 01 and she receive BAH at the with-dependent rate.  The majority of the panel recommends denial of the requests.  I have carefully considered all the circumstances of this case and do not agree with the determination of the majority of the panel members.

	In December 2001, since both the applicant and his spouse were serving in the grade of master sergeant, it made no difference which one received BAH at the greater rate since they were married and their total household income was not effected.  As a result of a previous Board decision to correct his military records, he was supplementally considered and selected for promotion to the grade of senior master sergeant, with a date of rank and effective date retroactive to 1 Dec 01.  It seems apparent that had the applicant been timely promoted to senior master sergeant, he would have elected to receive BAH at the with-out dependent rate at the time since that election would have resulted in the greater household income.  

As was recommended by this panel, the directive prepared for our previous decision contains language which states "...he be entitled to all pay, allowances, and benefits of such grade as of that date."  I believe the intent of that particular language is part of the "make whole" process and approval of the applicant's most recent request will do just that, make him whole.  Notwithstanding this, it is obvious that had the applicant been promoted in 2001 as he should have been, he and his spouse would have decided to accept the BAH option which would have been most beneficial to them.  In their case it would have been an increase of approximately $26.00 a month.  It is my opinion that we would be doing the applicant an injustice by denying him benefits to which I believe he would have been entitled to.

							
							
AFBCMR BC-2003-03416
MEMORANDUM FOR	THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS (AFBCMR)
SUBJECT:	AFBCMR Application of 

	I have carefully reviewed all of the circumstances of the applicant’s case and do not agree with the majority of the panel that his request that his records be corrected to show that he elected to receive Basic Allowance for Housing at the without-dependent rate effective 1 December 2001 should be denied.
I have thoroughly reviewed the applicant's request and the minority report.  And, after consideration of all the circumstances of this case I agree with the minority member of the panel and believe that the appropriate action to take in this case is to continue the "make whole" process and correct the applicant's records as though the injustice and errors had not occurred.  Accordingly, I direct that his records be corrected to reflect that he elected to receive BAH at the with-dependent rate effective 1 December 2001.