IN THE CASE OF: BOARD DATE: 29 March 2016 DOCKET NUMBER: AR20150009037 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his pay records to show authorization for additional basic allowance for housing (BAH) and family separation allowance from 2008 to 2009 during his deployment. 2. The applicant states he was deployed from 2008 to 2009. He did not receive BAH with dependents. He would like to receive the extra pay that he is entitled to. He also believes that he is entitled to family separation pay. He did not receive this either. According to his old unit, he should have gotten paid for both. He was paying child support for the entire deployment. He did not have a court order and his former spouse refused to provide a notarized statement saying that he was paying her child support. This was before the deployment. She felt he was not paying enough. However, during the deployment he sent her monthly checks in the amount of $500.00. After the deployment, she had a change of heart and signed a notarized statement. In addition to her statement, he also has at least 8 months of processed checks. He had originally tried to go through his old unit, but he continually got the run-around. He became frustrated and gave up. However, he is now reenergized. All supporting documents are attached. To recap, He believes he is entitled to the difference between regular BAH and BAH with dependents as well as family separation pay. 3. The applicant provides: * DD Form 214 (Certificate of Release or Discharge from Active Duty) * DA Form 5960 (Authorization to Start, Stop, or Change Basic Allowance for Quarters (BAQ) and/or Variable Housing Allowance (VHA) * Mobilization orders * Statement from his former spouse * Copies of checks CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. Having had prior service in the Air Force, the applicant enlisted in the California Army National Guard (CAARNG) on 2 May 2007 3. His records show he was single; however, his records contain a birth certificate that shows on 23 October 2007, he had a baby boy named Jacob. 4. His records contain a Monthly Rental Agreement, dated 1 November 2007, between himself and his mother, indicating that he would reside at an address in Santee, CA 92071, at a monthly rate of $500. 5. On 18 June 2008, he certified that he was a Soldier with no spouse, or is divorced, legally separated, widowed, or residing apart from his spouse, and who had joint and full physical legal custody of children under the age of 18. 6. On 20 June 2008, the applicant completed a DD Form 93 (Record of Emergency Data). He listed his dependency status as single and indicated he had a son. Also on 20 June 2008, he completed a DD Form 1772 (Application for Uniformed Services Identification Card-DEERS Enrollment). He listed his own residence at Santee, CA, 92071 and his son, Jacob's, address the same. 7. On 15 January 2009, he was ordered to active duty in support of Operation Enduring Freedom, 8. He entered active duty on 5 December 2008 and subsequently served in Kosovo from 14 February 2009 to 12 November 2009. He was honorably released from active duty on 8 December 2009, and transferred to an Engineer unit in El Centro, CA 92243. 9. He was honorably discharged by reason of completion of his required service. 10. He provides: * DD Form 5960, dated 14 May 2011, indicating he was single but had a son (born on 23 October 2007); he claimed to be paying $400 for mortgage or rent and his dependent was paying $400 based on his dependent's location * Statement, dated 27 April 2013, from an individual named Sarah who states she received $500 per month from the applicant for child support from November 2008 to December 2009 together with multiple checks in the amount of $500 made to her 12. An advisory opinion was received from the Office of the Deputy Chief of Staff, G-1, on 21 October 2015 in the processing of this case. The G-1 official recommended disapproval and stated: The applicant was provided a copy of the advisory opinion for review and comment, he did not respond. * the applicant's request for additional BAH is not substantiated by any facts nor any supporting documentation to show he was entitled to more than what he received * based on the information provided and in accordance with the Joint Travel Regulation (JTR), he was entitled to BAH based on his rank, duty location, and dependent status * he states that he was paying child support to his former wife but shows no evidence of other dependents * he is not entitled to BAH at the with dependent rate nor was he entitled to family separation pay * the G-1 has verified with the Defense Finance and Accounting Service (DFAS) that the applicant received BAH without dependents during the period in question (December 2008 to December 2009) DISCUSSION AND CONCLUSIONS: 1. The applicant's pay records are not available for review with this case. The applicant did not submit any pay related documents to establish what BAH rate he was paid and based on what zip code, dependency status, etc. 2. In the absence of evidence to the contrary, the Board relies on the conclusions in the advisory opinion from the Army G-1 staff that coordinated with DFAS to establish that his request is not substantiated by any facts nor any supporting documentation to show he was entitled to more than what he received, and that: BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ____x____ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ___________x__________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20150009037 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150009037 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1