RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02263 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His most recent Air Force (AF) Form 899, Request and Authorization for Permanent Change of Station – Military be changed to reflect a no cost permanent change of station (PCS) so that he can apply for a Basic Allowance for Housing (BAH) waiver to restore his previous BAH rate. ________________________________________________________________ APPLICANT CONTENDS THAT: He did not move his residence nor household goods during the recent change in duty station from Hurlburt Field to Naval Air Station (NAS) Pensacola, Florida. His current BAH calculated from the Pensacola zip code is lower than his previous BAH calculated from the Hurlburt Field zip code. The result is a substantial loss of income. He is requesting a waiver on the grounds that he completed a no cost PCS. He met all the requirements for the BAH waiver in accordance with Air Force policy. In support of his request, the applicant submits a personal statement, copy of his AF Form 899, DC//DAPE-MSO// Messages dates 052114Z FEB 08 Subject: EXCEPTION TO POLICY GUIDANCE FOR ALLOWANCE BASIC ALLOWANCE FOR HOUSING (BAH) WAIVERS, verification of travel voucher payment, copies of his DFAS Form 702, Defense Finance and Accounting Service Military Leave and Earnings Statement, and a copy of an email message from the Chief, Basic Pay and Entitlements Policy, RSS - Housing Office. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant is currently serving in the Regular Air Force in the grade of Technical Sergeant (TSgt). The remaining relevant facts pertaining to this application extracted from the applicant’s military personnel records are contained in the letter prepared by the appropriate office of the Air Force (Exhibit B). Accordingly there is no need to recite these facts in this Record of Proceedings. ______________________________________________________________ AIR FORCE EVALUATION: AFPC/DPAPA recommends denial. DPAPA states that proper protocol was followed in processing the applicant’s assignment. Air Force assignments are made based on individual qualification, availability, and equity, not cost, under AFI 36-2110, Assignments, dated 20 April 2005. The applicant has a fully funded PCS order made consistent with normal PCS selection criteria. Approval at the Board level appears not to be warranted since he would not have been approved for a low-cost PCS had he known about the program and submitted the required documents. The complete AFPC/DPAPA evaluation is at Exhibit B. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force Evaluation was forwarded to the applicant on 10 November 2011 for review and comment within 30 days. As of this date, this office has not received a response. ________________________________________________________________ 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 that would warrant relief in this case. The applicant contends that he was unaware of the low/no cost PCS policy. Had he received proper counseling, he would have submitted the proper documents to request consideration for a low/no cost PCS and remain entitled to the BAH at the w/dependents rate for Hurlburt Field. We note the Air Force office of primary responsibility is recommending denial; however, we find it reasonable that the applicant would have requested the “low/no cost” option, as it appears he never intended to relocate his family and believe the applicant has established a reasonable basis for approval. However, we have been advised that in accordance with the JFTR, paragraph U5100, approval of the applicant’s low/no cost PCS will require him to refund the amount of $130.92 received as payment for his PCS. We find no error or injustice in the requirement for him to refund this payment and, therefore, no basis to recommend any relief on this issue. Additionally, we note the applicant’s current Date-Arrive-Station (DAS) and Active Duty Service Commitment (ADSC) correlate to the current assignment code and that a change to the PCS fund code will affect this DAS and ADSC. Although we recommend changing his permanent change of station to low/no cost, we believe his DAS and ADSC should remain unchanged to provide the new unit of assignment stability and continuity in the position. Therefore, we recommend his records be corrected as indicated below. ________________________________________________________________ THE BOARD DETERMINES THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that: a. AF Form 899, Request and Authorization for Permanent Change of Station – Military, Special Order AD-141229, dated 20 September 2010, be amended in Block 19, “Authority and PCS Code” to reflect a PCS ID of “V” rather than “E.” b. Competent authority granted him a Basic Allowance for Housing (BAH) waiver effective 7 December 2010 to retain the BAH rate of his previous duty location at Hurlburt Field, FL. ________________________________________________________________ The following members of the Board considered this application BC-2011-02263 in Executive Session on 14 February 2012, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149 dated 9 June 2011. Exhibit B. Letter, AFPC/DPAPA, dated 4 November 2011. Exhibit C. Letter, SAF/MRBR, dated 10 November 2011