PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            17 January 2002
	DOCKET NUMBER:   AR2001061300

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Christopher J. Prosser		Member	
	Mr. Kenneth W. Lapin		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
            records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests his back pay for his basic allowance for quarters (BAQ) for the period of 20 September 1997 to 26 June 1998. 

3.  The applicant states, in effect, that he submitted the necessary documentation to move his family off-post, out of government quarters while he was deployed to Bosnia.  However, his paperwork kept getting lost even after he and his wife, who had moved to Missouri to be with her family during his deployment, sent numerous copies of the request.  His request was finally approved on 15 January 1998; however, his unit failed to notify him or his commander that his request had been approved.  Consequently, his government quarters remained vacant and his dependents resided in Missouri without the benefit of BAQ allowances.  Upon his return from Bosnia, he and his dependents moved back into the same government quarters.  He continues by stating that when he requested reimbursement for the time his quarters were vacant, he was informed by inspector general personnel that because he had moved back into the quarters when he returned, he was not entitled to reimbursement.  However, the applicant contends that on-post quarters were always available with little or no waiting period, so it should not have made a difference.  In support of his application he submits copies of his leave and earnings statements showing that he did not receive BAQ allowances as well as numerous other documents to support his request. 

4.  The applicant’s military records were unavailable for review by the Board.  However, documents submitted by the applicant show that he enlisted in Little Rock, Arkansas on 5 January 1995 in the pay grade of E-3 for a period of 4 years, training as a cannon crewman, and enrollment in the Student Loan Repayment Program.  Upon completion of his training he was transferred to Fort Polk, Louisiana.

5.  On 20 September 1997, the applicant was deployed to Bosnia with his unit and remained there until he was returned to Fort Polk, 9 months later, on 26 June 1998.  He remained at Fort Polk until he was honorably released from active duty on 14 December 1998, under the holiday early release program.  He had served 3 years, 11 months and 10 days of total active service. 

6.  On 5 April 2000, in response to a Congressional Inquiry on behalf of the applicant, the Office of the Chief of Legislative Liaison (OCLL) informed the Congressional Representative, in effect, that at the time the applicant was deployed to Bosnia in 1997, post policy at Fort Polk allowed a one-time exemption for soldiers to move out of post housing at no expense to the government.  The OCLL also stated that the applicant had submitted a request for such an exception and received no response.  He again submitted a request and it was approved; however, neither he nor his commander was notified of the approval action by the Rear Detachment; therefore, he could not provide a limited power of attorney to clear his quarters. 

7.  The applicant previously applied to the Board in June 2000 and January 2001; however, because his records were unavailable for review and there was insufficient documentation provided at the time for the Board to make an informed decision on the matter, his case was administratively closed without prejudice.

8.  Although the available evidence does not provide specific dates that the applicant served in Bosnia, they do show that he drew hostile fire pay during the months of September 1997 to June 1998 and that he took chargeable leave from 15 November to 30 November 1997.  

9.  The Department of Defense Military Pay and Allowances Entitlements Manual (DODPM) provides the policies and procedures for implementing individual pay and allowances entitlements.  It provides, in effect, that BAQ is payable to members on active duty, according to the pay grade in which they are serving, provided they do not occupy government provided quarters or if they voluntarily vacate assigned government quarters without approval of the installation commander or his designated representative.

CONCLUSIONS:

1.  Although the applicant has failed to provide documentation to show when he initially applied for an exception to policy to vacate his government quarters, the Board finds that there is sufficient evidence to show that he in fact, did apply, and that the Department failed to notify him of the approval for a period of at least 6 months after the approval had been granted.

2.  Accordingly, the applicant should be granted the benefit of the doubt in this case and granted BAQ payments from 20 September 1997 to 26 June 1998, as an exception to policy.

3.  While the Board recognizes that the applicant did not clear his quarters as required and subsequently re-occupied the quarters, the Board finds that the Department did not act in good faith for the period in which he was deployed in support of an operational mission by expeditiously processing and notifying him that his request was approved or disapproved.  Had the applicant been properly notified, he would have been able to make a more informed decision at the time and would not have been deprived of a benefit that he was otherwise entitled to receive.  Furthermore, there is nothing to suggest that he could not have requested to move back into government quarters upon his return to Fort Polk or as a minimum that he would have been paid BAQ allowances.  

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was granted an exception policy to vacate his government quarters during the period of 20 September 1997 to 26 June 1998 and that he is entitled to all BAQ allowances that result thereof.

BOARD VOTE:  

___jlp ___  __kwl___  __cjp____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Jennifer L. Prater____
		        CHAIRPERSON

INDEX

CASE ID	AR2001061300	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/01/17	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  295	128.1200/BAQ	
2.		
3.		
4.		
5.		
6.