RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-00664

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

He be entitled to the Basic Allowance for Housing (BAH) I rate rather than BAH II for the period of 9 Jun 14 through 11 Jul 14.

APPLICANT CONTENDS THAT:

He is entitled to BAH I for the period of 9 Jun 14 through 11 Jul 14 due to being on continuous orders beginning 9 Jun 14 through 23 Feb 15.

The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:

According to the Military Personnel Data System (MilPDS), the applicant is currently serving in the Air National Guard (ANG) in the grade of staff sergeant (SSgt, E-5).

According to Order Number Z66T3K, dated 5 Jun 14, the applicant was placed on Non-Contingency Military Personnel Appropriation (MPA) for the period of 9 Jun 14 through 30 Jun 14. 

According to Order Number Z66X3Z, dated 7 Jun 14, the applicant was placed in Title 32 USC 502(A), Annual Training State status for the period of 1 Jul 14 through 2 Jul 14.

According to Order Number Z66X4G, dated 7 Jun 14, the applicant was placed in Title 32 USC 502(F)(1)(B) & 503, Special Training State status for the period of 3 Jul 14 through 11 Jul 14.

According to Order Number Z68SBW, dated 11 Jul 14, the applicant was placed on Title 32, USC 12301(D) Activation Contingency MPA for the period of 12 Jul 14 through 25 Feb 15.

According to the applicant’s DD Form 214, Certificate of Release or Discharge from Active Duty, dated 12 Mar 15, he served a period of active duty from 12 Jul 14 through 23 Feb 15 in support of OPERATION ENDURING FREEDOM.

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.    

AIR FORCE EVALUATION:

DFAS/IN recommends denial.  The applicant started each tour from his home and ended each tour at his home, therefore, his orders were not continuous.  His first set of orders, lasting 22 days, were to get him ready to deploy.  His second tour, lasting two days, and his third tour, lasting nine days, were his two week annual training tour required in order to maintain his skills and ensure he obtains a "good year" for retirement purposes.  

Under the Joint Financial Travel Regulation (JFTR), Chapter 10, Part E, Section 13, paragraph U10014, the BAH-Reserve Component (BAH-RC) Rate is the housing allowance authorized for an RC member who is called or ordered to active duty for 30 or fewer days except for an RC member called to active duty for a contingency.  The applicant’s third tour was an actual contingency tour which qualified him for BAH, under the JFTR, Chapter 10, Part E, Section 13, paragraph U10428: An RC member called to active duty for a contingency is authorized the BAH/Overseas Housing Allowance (OHA) rate even for tours of 30 days or fewer days.  The applicant was paid BAH in accordance with all applicable regulations.

A complete copy of the DFAS/IN evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 28 Mar 16 for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.

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 an error or injustice.  We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Defense Finance and Accounting Service – Indianapolis (DFAS-IN) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

THE BOARD DETERMINES THAT:

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

The following members of the Board considered AFBCMR Docket Number BC-2015-00664 in Executive Session on 12 May 16 under the provisions of AFI 36-2603:

				    , Panel Chair
				   , Member
				    , Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 9 Aug 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, DFAS/IN, dated 11 Mar 16.
	Exhibit D.  Letter, AFBCMR, dated 28 Mar 16.