IN THE CASE OF: BOARD DATE: 7 June 2016 DOCKET NUMBER: AR20160008064 BOARD VOTE: ___x____ ____x___ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 7 June 2016 DOCKET NUMBER: AR20160008064 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant amendment of the Army Board for Correction of Military Record's decision in Docket Number AR20140012964 on 14 April 2015. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he was granted an exception to policy for Basic Allowance for Housing waiver to receive Basic Allowance for Housing at other than the permanent duty station location during the period 29 July 2013 through 22 June 2014. 2. As a result of the above correction, the Defense Finance and Accounting Service shall be notified of the Board's determination and, upon verification that the applicant's military spouse did not receive Basic Allowance for Housing at the with-dependents rate during the aforementioned period, remit payment of Basic Allowance for Housing at the with-dependents rate during the aforementioned period. However, if the applicant's military spouse did receive Basic Allowance for Housing at the with-dependents rate during the aforementioned period, no additional payment is authorized as a result of this correction of his records. _____________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: 7 June 2016 DOCKET NUMBER: AR20160008064 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 reconsideration of his request that he be granted a Basic Allowance for Housing (BAH) waiver retroactive to 29 July 2013 (instead of 21 May 2013). 2. The applicant states his review of the Army Board for Correction of Military Records (ABCMR), Record of Proceedings (ROP), pertaining to the original decision rendered by the Board revealed several discrepancies and inaccuracies that are cause for reconsideration of his request. a. He states he requested retroactive award of a BAH waiver to 29 July 2013, whereas the ROP indicates 21 May 2013. However, he did not request 21 May 2013, nor could a BAH waiver have been granted, because he was still physically located in the National Capitol Region at the time and he did not report to Fort Leavenworth, KS, until 12 July 2013. b. The ROP shows, "Additionally, he again applied for a BAH waiver and it was denied on 10 June 2014 because it was not submitted in a timely manner." The reason cited for the denial in the ROP is erroneous because it is not the reason cited by the Deputy Chief of Staff, G1 (DCS G-1), Compensation and Entitlements Division. In addition, the All Army Activities (ALARACT) message detailing the BAH Waiver process does not specify a timeline for submission of a waiver. c. The ROP cites 17 June 2013 as the date he was notified by his personnel official that his spouse's BAH change election had not taken effect. However, the correct date of the notification was 10 June 2013. d. He notes that the reference to the DA Form 5960 (Authorization to Start, Stop or Change Basic Allowance for Quarters (BAQ) and/or Variable Housing Allowance), dated 4 April 2014, is completely unrelated to his application to the Board and the matter under review. It pertains to his Active Guard/Reserve (AGR) assignment. e. He concludes by stating the original BAH waiver was denied because he was not yet receiving BAH with-dependents, as required for eligibility for the BAH waiver. He and his spouse submitted all the required paperwork for him to receive the with-dependent rate prior to applying for the waiver. The DCS G-1 disapproval memorandum indicated that he did not submit his request to change until after the BAH waiver was submitted, but that is incorrect, also. He states that he submitted his request on 28 May 2013. He adds that his request should be reconsidered based on the above errors, erroneous assumptions, and improper conclusions that followed. 3. The applicant provides a self-authored statement (summarized above) copies of the: * DCS G1 memorandum * ALARACT message 324/2012 * DA Form 5960 (3 copies) * email message * ABCMR ROP Docket Number AR20140012964 CONSIDERATION OF EVIDENCE: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20140012964 on 14 April 2015. 2. It is acknowledged that in its original consideration of the applicant's case the Board considered an incorrect BAH waiver retroactive date (i.e., 21 May 2013 instead of 29 July 2013). It is also acknowledged that the paraphrasing of the statement concerning the reason for the DCS G-1 denial of his request for reconsideration for BAH waiver (on 10 June 2014) could have been more precise. a. The incorrect date that was cited as to when the applicant was notified that his spouse's BAH change election had not taken effect (i.e., 17 June 2013 instead of 10 June 2013) is noted. The error appears to be due to referring to the date the applicant forwarded the email message to his spouse. b. With his original request he provided a copy of a DFAS [Defense Finance and Accounting Service] Form 702 (DFAS Military Leave and Earnings Statement) pertaining to his spouse covering the period 1-31 July 2013 that shows her BAH was changed to without-dependents effective 21 June 2013. c. The DA Form 5960, dated 4 April 2014, was cited to show the date that his BAH was changed to the with-dependent rate (i.e., on 23 June 2014). 3. The applicant was serving as a Reserve commissioned officer in the rank of major, as an Individual Mobilization Augmentee, during the period of service under review. 4. A review of the applicant's military personnel records revealed a copy of U.S. Army Human Resources Command, Fort Knox, KY, Orders T-06-306452, dated 19 June 2013, that ordered him to active duty for training on 12 July 2013 for a period of 337 days. He was to report to Fort Leavenworth, KS, for attendance at the U.S. Army Command and General Staff Course. The orders authorized movement of dependents and household goods. a. A review of the orders failed to reveal any information pertaining to an approved BAH wavier. b. A further review of his military personnel records failed to reveal an amendment to the orders showing an approved BAH wavier. 5. In support of his request for reconsideration the applicant provides the following documents not previously considered. a. Three copies of a DA Form 5960 that show he requested a change to his BAH to with-dependents based on his permanent duty station (PDS) and that he electronically signed them on 21 May 2013. The forms are not signed by the certifying officer. b. An email message from the applicant to Tammie L. S___, Human Resource (HR) Specialist, dated 28 May 2013, that shows he forwarded a DA Form 5960 and his son's birth certificate to the HR specialist. He also informed her that his wife was submitting her "change today as well." REFERENCES: 1. The Defense Travel Management Office website shows BAH is a U.S. based allowance prescribed by geographic duty location, pay grade, and dependency status. It provides uniformed Service members equitable housing compensation based on housing costs in local civilian housing markets within the United States when government quarters are not provided. 2. ALARACT Message 324/2012 date time group 141232Z November 2012, Subject: Exception to Policy Guidance for BAH Waivers provides implementation guidance for all Soldiers who desire to receive BAH at other than the PDS location when circumstances require the dependents to reside separately. It provides, in pertinent part, in: * paragraph 3: This policy is intended to provide temporary assistance to Soldiers and their family to ease the transition of a permanent change of station (PCS) move to the new PDS in the continental United States. * paragraph 4: The policy applies to active duty Soldiers with dependents whose dependents reside with them at the previous duty station prior to departing on permanent change of station or at a government approved designated location. Soldiers with dependents may only apply for a waiver under a no/low cost move. * paragraph 6: The following circumstances qualify for consideration of a Secretarial BAH waiver: Subparagraph b: Professional Military Education (PME) or Training. Soldiers requesting BAH and COLA [Cost of Living Allowance] waivers for dependents' location or last PDS must submit waiver requests in accordance with this message. This includes all Reserve, National Guard, and AGR requesting BAH waivers. PME or training course may not exceed more than 12 months in length. Waivers are authorized for BAH locations only. PCS orders must state the course title, start and end dates. * paragraph 10: Request submission procedures shows that Soldiers may submit requests electronically to the DCS G-1 and specifies the required documents required for submission. * paragraph 13: Soldiers must provide a copy of their approved waiver to their orders issuing authority to have the orders published/amended to reflect the restrictions noted in the approval memorandum. Soldiers must also provide a copy to the servicing finance office. DISCUSSION: 1. The evidence of record shows the applicant signed a DA Form 5960 to change his BAH to with-dependents on 21 May 2013 and he forwarded it to the HR specialist on 28 May 2013. On 10 June 2013, he was informed that his spouse had either not submitted her BAH change or her BAH change had not taken effect and, until it was processed, his request could not be processed. The evidence of record shows the applicant's spouse's BAH was changed effective 21 June 2013. 2. In June of 2013, he submitted a request for Secretarial BAH waiver. The DCS G-1 informed him that there is no authority to grant a PME waiver for Soldiers who receive BAH at the without-dependent rate. 3. On 10 June 2014, the DCS G-1 informed the applicant that his request (for reconsideration) of BAH waiver was disapproved based on his dependent's location (Fairfax Station, VA). The DCS G-1 noted, on 27 June 2013, the applicant was advised that he did not qualify for a Secretarial waiver since he did not receive BAH at the with-dependent rate prior to his PCS, as confirmed by DFAS. In addition, his request for change to the BAH with-dependent rate was not submitted to the supporting finance and accounting office until 29 July 2013, after his previous tour of duty ended and he had reported to Fort Leavenworth to attend PME. 4. The evidence of record shows there was clear guidance on the process and procedures for submitting a timely BAH waiver and that information related to the approved waiver was to be included in the reassignment orders to reflect the restrictions noted in the approval memorandum. 5. The evidence of record fails to show the applicant timely complied with the administrative requirement to change his BAH election and/or the procedure to request an exception to policy for Secretarial BAH waiver. However, there are extenuating circumstances in this case. a. It appears the untimely processing was related, to some degree, to the administrative process that required the applicant's spouse to change her BAH to without-dependents before the applicant could submit his request to change his BAH to with-dependents. The DCS G-1 decision in June of 2013 to deny the applicant a Secretarial waiver was based on the applicant not receiving BAH at the with-dependent rate, which was correct at the time. b. He was not the receiving BAH at the with-dependent rate because his spouse's BAH rate had just been changed and the applicant's BAH change had not yet processed. He reported to Fort Leavenworth, KS, on 12 July 2013. His BAH at the with-dependents rate was processed effective 29 July 2013. 6. Based on the evidence of record and as a matter of equity, it would be appropriate to correct the applicant's records to show he was granted an exception to policy for BAH waiver to receive BAH at other than the PDS location during the period 29 July 2013 through 22 June 2014, provided his military spouse did not receive BAH at the with-dependents rate during the aforementioned period. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160008064 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160008064 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2