RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2016-01856
		
 						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

Her Permanent Change of Station (PCS) reassignment from Joint Base Andrews, MD to Fort George Meade, MD be amended to reflect it was a Low Cost/No Cost (LCNC) PCS assignment.  

She be allowed to refund the Dislocation Allowance (DLA) she received in the amount of $2,973.12 for a fully funded PCS reassignment from Joint Base Andrews, MD to Fort George Meade, MD.  

She be granted a Basic Allowance for Housing (BAH) waiver for her PCS.       

APPLICANT CONTENDS THAT:

She would like her orders to Fort George Meade, MD be amended to annotate it was a LCNC move and she be approved for a BAH waiver.  Because she is not entitled to both a DLA and BAH for the Joint Base Andrews area, she requests she be permitted to payback the DLA.     

In July 2014, she was reassigned from Joint Base Andrews to Fort George Meade.  She did not move residence but received DLA in the amount of $2,973.12.  Upon receiving the DLA, she inquired with her finance office and was told it was fine.

In February 2016, she realized she was still receiving BAH for Joint Base Andrews instead of Fort Meade.  She informed her finance office of the error and was advised that a BAH waiver was required in order to maintain the BAH rate for Joint Base Andrews and that she would have to pay back the DLA.

She submitted a request for a BAH waiver but was advised by AF/A1PA that her PCS orders had to be amended to reflect it was a LCNC PCS assignment.  Her Military Personnel Flight (MPF) then requested AFPC amend her PCS orders to reflect a LCNC reassignment but was advised she needed to complete an AFBCMR application.

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

STATEMENT OF FACTS:

The applicant is in the Regular Air Force currently serving in the grade of major (O-4).

AF Form 899, Request and Authorization for Permanent Change of Station – Military, Special Order AH-108460 dated 18 June 2014, reflects she was reassigned from Joint Base Andrews, MD to Fort George Meade, MD with a report not later than date (RNLTD) of 31 July 2014.  Item 19, Authority and PCS Code, reflects PCS ID “E” which denotes “PCS Determined by Air Force Needs” and is a fully funded PCS assignment.  Based on the applicant’s fully funded PCS, she received a new date arrived station of 8 July 2014.  

In an e-mail dated 2 February 2016, her finance office advised her that since she never requested a BAH waiver, she would incur a debt for receiving the incorrect BAH.  However, she could apply for a BAH waiver to retain her old Permanent Duty Station (PDS) BAH rate.  This would eliminate the need to repay any BAH debt; however, she would have to repay the DLA.   

In an e-mail dated 28 March 2016, AF/A1PA advised her finance office the BAH waiver would remain pending awaiting receipt of the LCNC approved PCS order from AFPC.  

On 29 March 2016, the applicant’s MPF requested AFPC approve the amendment of her PCS orders to reflect PCS ID Code “V” instead of PCS ID Code “E.”     

On 6 April 2016, AFPC notified her MPF that in accordance with the assignments’ policy office, the applicant was required to complete an AFBCMR application.  

In an e-mail dated 7 April 2016, she was advised by her finance office she had received DLA in the amount of $2,973.12.  

According to the Defense Travel Management Office website, the 2015 monthly BAH rate for a major without dependents at Fort George Meade, MD was $2,316.00.  The applicant’s Leave and Earning Statements (LES) for 2015 reflect she received monthly BAH in the amount of $2,727.00 (Washington DC Metro area single rate for a major).  

The applicant was reassigned from Fort George Meade, MD to Scott AFB, IL per AF Form 899, Special Order AJ-061181 dated 4 April 2016 with a RNLTD of 31 July 2016.  The Military Personnel Data System (MILPDS) reflects her Date Arrived Station (DAS) as 27 July 2016. 

For BAH waiver, the Joint Travel Regulation (JTR), para 10402-B1(a) and (b) states, Disadvantaged as a result of reassignment for reasons of improving mission capability and readiness of the unit in receipt of a PCS authorization/order between Permanent Duty Stations (PDS) located in the same proximity, and disallowed Household Good (HHG) movement.  The Secretarial Process must issue a determination that a decision to implement this policy is in the interest of correcting an inequity incurred due to movement of the individual for purposes of improving mission capability and unit readiness.  Necessary short distance HHG moves (either intra-city or inter-city) within prescribed weight allowance (unless otherwise noted) are authorized within the same city, town or metropolitan area upon reassignment or PCS short distance intra/inter-city.

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

AIR FORCE EVALUATION:

AFPC/DP3DW recommends approval to amend the applicant’s order to show PCS ID code “V” for a LCNC move.   Had the LCNC move request been presented to their office for approval, they would have concurred with the request with no update for date departed last duty station or DAS, no Household Good (HHG) entitlement and no DLA.  The applicant must request a BAH waiver for the Joint Base Andrews BAH rate.  
 
A complete copy of the AFPC/DP3DW 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 14 February 2017 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.  Sufficient 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 and agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has been the victim of an error or injustice.  Therefore, we recommend the applicant's records be corrected as indicated below.	

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that:

	a. Her AF Form 899, Request and Authorization for Permanent 
Change of Station – Military, Special Order AH-108460 dated 18 June 2014, be amended in Item 19, Authority and PCS Code, to reflect PCS ID “V.”

     b. On 8 July 2014 (her date arrived station at Fort George Meade, MD), she was approved for a Basic Allowance for Housing (BAH) waiver in conjunction with her LCNC PCS reassignment in accordance with the Joint Travel Regulation (JTR), paragraph 10402-B1(a) and (b).  

	c. The Dislocation of Allowance (DLA) she received in the amount of $2,973.12 for her PCS reassignment from Joint Base Andrews, MD to Fort George Meade, MD be recouped.  

The following members of the Board considered AFBCMR Docket Number BC-2016-01856 in Executive Session on 3 August 2017 under the provisions of AFI 36-2603:

	 , Panel Chair
	 , Member
	 , Member

All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-01856 was considered:

	Exhibit A.  DD Form 149, dated 26 April 2016, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3DW, dated 26 July 2016.
	Exhibit D.  Letter, AFBCMR, dated 14 February 2017.  

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.