IN THE CASE OF: BOARD DATE: 4 August 2016 DOCKET NUMBER: AR20160011972 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: 4 August 2016 DOCKET NUMBER: AR20160011972 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: 4 August 2016 DOCKET NUMBER: AR20160011972 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 her military records by showing that her request for a policy waiver to receive basic allowance for housing (BAH) based on her residence in Silver Spring, Maryland, was approved and that she was reimbursed the BAH differential for the Washington, DC area. 2. The applicant states she wants the Board to review the denial decision rendered by Headquarters, Department of the Army (HQDA) Deputy Chief of Staff, G1 (Personnel Officer) concerning her BAH waiver request. The HQDA G1 stated this Board is the only appeal option for their decision. Her permanent change of station (PCS) orders # 246-02, Fort Detrick, Maryland, dated 3 September 2013, reassigned her from Fort Detrick, Maryland to Aberdeen Proving Grounds (APG), Maryland, with a reporting date of 16 September 2013. The orders state this was a no-cost reassignment. She maintained her residence in Silver Spring, Maryland. Her spouse was employed at Walter Reed National Military Medical Center. In 2012 she received a no-cost reassignment to Fort Detrick, Maryland and was granted a BAH waiver. She has discussed the latest waiver denial with the HQDA G1 on 16 October 2013. She was advised the orders were illegal and the distance is greater from Washington DC to APG than Fort Detrick is to APG. She argues that the distance from Fort Detrick to APG (84 miles) is actually greater than the distance from DC to APG (76 miles). She contends the HQDA G1 BAH waiver decision remains despite the incorrect conclusion concerning the actual distances. She also states the distance from Washington DC to APG is 69 miles; Washington DC to Edgewood is 61 miles; Silver Spring to APG is 65 miles; and Silver Spring (actual residence) to Edgewood (actual duty location) is 56 miles. She also discussed Department of Defense Instruction (DODI) 4515.14, Washington Local Commuting Area, dated 28 June 2013; however, the HQDA G1 did not concur. She requested to appeal the decision and was informed by the HQDA G1 that her only appeal was through this Board. On 1 November 2013, the Inspector General (IG), Medical Research and Materiel Command (MRMC) told her this was a no cost move. The MRMC IG relayed to her on 7 November 2013, there was no change in the HQDA G1 decision based on an office audit. She contacted the HQDA IG on 7 November 2013, who recommended a review of her PCS orders. The U.S. Army Human Resources Command (HRC) IG replied telephonically on 13 November 2013, stating that her PCS orders were legal. In the absence of a request from her, the HQDA G1 issued a memo disapproving a no/low cost move and approved an exception to policy for a full cost move after her PCS 3. The applicant provides copies of: * Deed of Trust for property located in Silver Spring, Maryland, dated 22 November 1994 (8 pages) * An All Army Activities (ALARACT) Message 021/2008, Exception to Policy Guidance for BAH Waivers * Memorandum for the applicant, subject: BAH Policy Waiver, dated 5 December 2012 * DODI Number 4515.14, dated 28 June 2013 (5 pages) * (Defense Finance and Accounting Service (DFAS)) Form 702 (Military Leave and Earnings Statement) for the period 1-31 August 2013 * Orders 246-02, Fort Detrick, Maryland, dated 3 September 2013 * An email communication between the applicant and HRC, MEDCOM, dated 6 September 2013 (4 pages) * Memorandum from the applicant to the HQDA G1, Request for Policy Waiver, dated 10 September 2013 * Memorandum from the applicant’s commander to the Chief, Compensation and Entitlements, dated 11 September 2013 * Email communications between the applicant and the MRMC Military Human Resources Manager, subject: Request for BAH Waiver, dated 11 September 2013 and 15 October 2013 (2 pages) * Email communications between the applicant and HQDA GI, MEDCOM, subject: Request for BAH Waiver, dated between 11 September and 16 October 2013 ((5 pages) * A Memorandum for the Applicant, subject: Exception to Policy for a Full cost Move Within the Military District of Washington, dated 31 October 2013 CONSIDERATION OF EVIDENCE: 1. At the time of her application, dated 30 June 2016, the applicant indicated she was serving in the Regular Army as a colonel, in pay grade O6. She also indicated that she was retired due to having reached her mandatory retirement date of 1 July 2016. 2. A Deed of Trust, dated 22 November 1994, as provided by the applicant, indicates that she purchased the money security instrument for the property located in Silver Spring, Maryland. 3. A memorandum for the applicant, from the Chief, Compensation and Entitlements Division, HQDA, G1, dated 5 December 2012, informed her that effective 14 September 2012, her request for an exception to policy had been approved. Her PCS from Walter Reed Army Medical Center (WRAMC), Maryland, 20307; to Fort Detrick, Maryland, 21702, was authorized a no cost/low cost move, in accordance with PCS order number 286-702 dated 13 October 2010 and order number 164-703, dated 12 June 2012. Therefore, an inequity existed that warranted BAH based on her previous duty location. She was also advised that Service Secretary or designee may grant waivers to Soldiers who made a housing decision based on the BAH in effect at the Soldier’s permanent duty station (PDS) and continued to commute from the same residence. She was also informed that if she decided to move her household goods, dependents, or if she received PCS entitlements, this waiver would be voided. She would then be authorized BAH only at the dependent rate for Fort Detrick, Maryland. 4. A DFAS Form 702, for the month of August, 2013, as provided by the applicant, shows she was paid a monthly BAH of $3,264.00 based on her previous duty location at WRAMC, zip code of 20307. 5. Orders 246-02, Fort Detrick, Maryland, dated 3 September 2013, directed the applicant’s reassignment to APG with a reporting date of 16 September 2013. The additional instructions stated that this was a no cost/low cost reassignment. 6. In an e-mail communication dated 6 September between the applicant and personnel at HRC, the applicant was advised if she wanted to apply for a full-cost move within the National Capital Region (NCR), she should simply prepare a formal memorandum stating her rationale and send it to the HQDA, G1. She stated that she was confused by the “full-cost” move discussion. Her interpretation was that a low-cost move would cover the relocation of her professional items without impacting her BAH. HRC was subsequently advised that this was an all or nothing funding issue. According to DODI 4515.14, the relocation from Fort Detrick to APG is within the scope of the NCR and is therefore a no cost move. If the applicant desired the government to move her professional items, it was considered a full cost move; and if approved, she would be entitled to a full move, dislocation allowance (DLA), and all other PCS entitlements. Her BAH would also be changed. 7. In a memorandum, dated 10 September 2013, the applicant requested, as an exception to policy, a waiver to receive BAH based on her residence in Silver Spring, Maryland. She asked to have this rate applied for the duration of her assignment at APG. She based her request on: * Her no cost PCS orders * PCS was to an adjacent military housing area * Her commuting daily from her residence to APG * Her purchase and established residence during an earlier assignment * Her PCS move being within the United States 8. In a memorandum dated 11 September 2013, the applicant’s commander recommended approval of her exception to policy request to maintain her BAH. 9. In a memorandum, dated 31 October 2013, the Chief, Compensation and Entitlements Division, HQDA, G1, informed the applicant that after a careful review of her request for a no/low cost PCS move, it was disapproved. It was determined that her continual commute from her residence in Silver Spring to APG was unreasonable. Therefore, a full-cost move within the NCR was approved as an exception to policy. She was directed to provide a copy of this approval to her orders issuing authority for an amendment of PCS orders number 246-02, dated 3 September 2013, to reflect a full cost movement designator code of MDC. She was authorized movement of her household goods. This approval was based on her housing decision in 1994 to reside in Silver Spring, Maryland and her subsequent reassignment to the Washington, D.C. area in 2000. This full cost move is in the Government’s best interest; and not primarily for the applicant’s convenience. She was also entitled to movement of her family and payment of DLA. REFERENCES: 1. ALARACT Message 324/2012, dated 14 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. a. The intent of this message is to provide temporary assistance to Soldiers and their families to ease transition of a PCS move to the new PDS in the continental United States. b. To be eligible for consideration of a waiver under this policy, the Soldier's dependents must reside with them prior to PCS unless the member is serving an unaccompanied tour. The dependents must continue to reside at the previous duty station or government-approved designated place. Previous duty station is defined as the location of the last PDS in which shipment of household goods at government expense was authorized. The designated place is defined as the location to which the government authorized movement of dependents. c. There are many circumstances that qualify for a Secretarial BAH waiver and include two main reasons: low/no cost PCS and professional military education or training. Four additional distinct categories are authorized for consideration under this policy when circumstances require dependents to reside separately from the Soldier: deployment, dependent education, spouse employment, and/or exceptional family member program or medical considerations. d. Soldiers do not lose their PCS entitlements under this policy. However, waivers approved under this policy become void when Soldiers execute any portion of their PCS entitlements during the waiver period. The Soldier's housing allowance will be based on the PDS. An approved waiver does not entitle Soldiers to any additional allowance such as family separation allowance or family separation housing. Soldiers must be eligible to receive the allowance based on the circumstances of the assignment. e. The Soldier must submit a memorandum requesting the waiver with the stated reason. Soldiers cannot apply for their dependent's location unless previously receiving that dependent's location BAH rate or they activate a command-approved family care plan (if applicable). 2. DODI 4515-14, dated 28 June 2013, states the NCR in Maryland includes the counties of Anne Arundel, Baltimore, Calvert, Carroll, Charles, Frederick, Harford, Howard, Montgomery, Prince George’s, St. Mary’s, and Washington. It also includes the city of Baltimore and all cities now and hereafter existing in the geographic area bounded by outer boundaries of the combined areas of the counties listed here. DISCUSSION: 1. The applicant contends that her military records should be corrected by showing her request for a policy waiver to receive BAH based on her residence in Silver Spring, Maryland, was approved. She further requests reimbursement for BAH differential for the Washington, DC area. 2. The available evidence shows the applicant was reassigned in 2012 from WRAMC to Fort Detrick, Maryland via a no/low cost move authorization. Her DFAS Form 702 for August 2013 shows she had continued to receive a BAH rate based on a duty location of WRAMC. When she was reassigned from Fort Detrick to APG, she asked for a waiver to retain this same BAH rate based on her home being in Silver Spring, Maryland. 3. In October 2013, the Chief, Compensation and Entitlements Division, HQDA, G1, informed the applicant that her request for a no/low cost PCS move was disapproved. She was informed that the HQDA G1 had determined her continual commute from her residence in Silver Spring to APG was unreasonable. Accordingly, her PCS orders were amended to authorize a full-cost move, as an exception to policy. Her receipt of PCS entitlements to APG resulted in a corresponding change in her BAH rate. This full cost move was in the Government’s best interest; and not primarily for the applicant’s convenience. Accordingly, her BAH rate was based on her assignment to APG. 4. In view of the above, there is no evidence of an error or injustice. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160011972 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160011972 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2