IN THE CASE OF: BOARD DATE: 21 February 2017 DOCKET NUMBER: AR20150015359 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 21 February 2017 DOCKET NUMBER: AR20150015359 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. IN THE CASE OF: BOARD DATE: 21 February 2017 DOCKET NUMBER: AR20150015359 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, in effect, payment of basic allowance for housing (BAH) and the overseas housing allowance (OHA) for his wife during his assignment to Italy. 2. The applicant states that he did not receive BAH for his wife for the following months: November and December 2014 and January and February 2015. He has proof of marriage and billing statements for an apartment rental, power, and gas. He also has his wife's military identification card (ID) and passport. 3. The applicant provides: * Marriage License * wife's ID card and passport * four Leave and Earnings Statements (LES) * rental billing and utility statements * 2015 and 2016 Basic Pay Allowance for Housing Schedules CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army on 16 August 2011 and he held military occupational specialty 91B (Wheeled Vehicle Mechanic). 2. Section IX (Assignment Information) of his Enlisted Record Brief shows he was assigned to Camp Ederle, Italy, from 11 February 2011 to 12 September 2013. 3. He provided the following: * Marriage License showing he was married on 3 November 2014 to the individual shown on the military ID and passport he provided with his application * wife's ID card and passport * four LESs for his period of service in Italy from 1 - 30 November 2014, 1 - 31 December 2014, and 1- 31 January 2015, and 1 - 28 February 2015 4. He was honorably released from active duty on 20 February 2015 and was transferred to the U.S. Army Reserve Control Group. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he completed 3 years, 6 months, and 5 days of active service and 2 years, 7 months, and 18 days of foreign service. 5. He also provided billing statements pertaining to his rental unit in Italy for 2014 and 2015 and Basic Pay Allowance for Housing Schedules for 2015 and 2016. 6. On 30 August 2016, an advisory opinion was provided by the Chief, Compensation and Entitlements Division, Office of the Deputy Chief of Staff, G-1. The advisory official stated: a. After review of the documents provided, they recommended the Board disapprove the applicant's application to receive a with-dependent OHA during his assignment to Vicenza, Italy, from December 2014 to February 2015. The applicant failed to request an OHA by properly completing and submitting a DD Form 2367 (Individual OHA Report) to his supporting finance offices. b. The Joint Travel Regulation (JTR), chapter 10, paragraph 10020-A, requires Soldiers to complete and submit a DD Form 2367 to determine their eligibility to receive OHA for their residence at their permanent duty station. Because the applicant did not have a properly certified DD Form 2367 from the housing office or command-approved designated official, he would not receive OHA. 7. The advisory opinion was provided to the applicant on 1 September 2016 for acknowledgement/rebuttal. In his response, dated 6 September 2016, the applicant stated that he provided all the paperwork he received during that time. He did not remember the names of the forms requested; however, he submitted the requested documents. He was told to wait and when he heard nothing he applied to the Army Board for Correction of Military Records. REFERENCES: The JTR states in chapter 10, section 10020, the OHA program is designed to help offset housing expenses for a member and/or dependent at the assigned overseas location. The reported housing must be the actual residence that the member occupies and from which the member commutes to and from work on a daily basis. OHA is authorized to assist a member in defraying the housing costs incurred incident to assignment to a permanent duty station outside the United States. Every member authorized to live in private sector leased/owned housing is authorized OHA, provided a DD Form 2367 is completed by the member and approved by the senior officer of the Uniformed Services in the country concerned, or the individuals or offices designated for that purpose by the senior officer. DISCUSSION: 1. Evidence of record confirms the applicant did not have a properly certified DD Form 2367 from the housing officer or command-approved designated official to receive BAH/OHA for his wife during his assignment to Italy. 2. By regulation, Soldiers must have a completed DD Form 2367 and have the form approved by their senior officer of the Uniformed Services in the country concerned, or the individuals or offices designated for that purpose by the senior officer. There is no evidence showing he did so. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150015359 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150015359 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2