RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-01418 

 INDEX CODE: 128.12 

 COUNSEL: NONE 

 

 HEARING DESIRED: YES 

 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His record be corrected to reflect he was paid basic allowance 
for housing differential (BAH-DIFF) for the period 31 Jul 97 
through 27 Jun 98. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

His daughter’s mother was discharged from the Air Force on 
31 Jul 97 and he should have been entitled to BAH-DIFF from the 
time of her discharge until his discharge on 27 Jun 98. He 
resided in the dormitory during this period and was paying child 
support the entire time. 

 

In support of his request, the applicant provides copies of his 
DD Form 214, Certificate of Release or Discharge from Active 
Duty, his daughter’s birth certificate, her mother’s 
DD Form 214, and copies of various checks and money orders. 

 

The applicant’s complete submission, with attachments, is at 
Exhibit A. 

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

Available records indicate the applicant enlisted in the Regular 
Air Force on 28 Sep 93. On 27 Jun 98, he was honorably 
discharged at the completion of his required active service and 
was credited with four years and nine months of total active 
service. 

 

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of 
the Air Force, which is attached at Exhibit C. 

 

________________________________________________________________ 

 

 


AIR FORCE EVALUATION 

 

AF/AIPA recommends denial, indicating that a claim must be 
received by the responsible office within six years after the 
claim accrues. It appears the applicant would have been 
entitled to BAH-DIFF if he had submitted his request in a timely 
manner; however, due to the passage of time, the Air Force is 
not in a position to verify the circumstances of the situation, 
such as whether the applicant actually lived in the dorms. 

 

A complete copy of the AF/A1PA evaluation is at Exhibit C. 

 

________________________________________________________________ 

 

APPLICANT’S REVIEW OF AIR FORCE EVALUATION: 

 

The applicant contends it is unjust to say he is not entitled to 
BAH-DIFF because the Air Force is not in a position to verify 
whether or not he was living in the dorms. His supervisors told 
him he was not entitled to BAH-DIFF and he took their word for 
it. As a junior enlisted member, he did not know what 
allowances he was entitled to receive beyond what he was told 
and what other airmen of his rank received. It seems the 
Department of Defense has a great system for educating members 
when they owe the Government money, but no such system to do so 
when they are entitled to receive an allowance. It also seems 
evident that he was not aware of his underpayment before Apr 10, 
or he would have filed earlier. Is it right to deny a former 
service member what he is legitimately entitled to receive 
because he was unaware of the error before the statute of 
limitations expired? 

 

A complete copy of the applicant’s response is at Exhibit D. 

 

________________________________________________________________ 

 

THE BOARD CONCLUDES THAT: 

 

1. The applicant has exhausted all remedies provided by 
existing law or regulations. 

 

2. The application was not timely filed; however, it is in the 
interest of justice to excuse the failure to timely file. 

 

3. Sufficient relevant evidence has been presented to 
demonstrate the existence an error or injustice warranting 
corrective action. We note the comments by AF/A1PA indicating 
the Air Force is unable to verify the relevant circumstances due 
to the passage of time. Nonetheless, after careful review of 
the available records and the applicant’s complete submission, 
including the DD Forms 214, his child’s birth certificate, and 
checks and money orders, we believe a preponderance of the 
evidence supports his entitlement to the requested relief. 


Therefore, we recommend his records be corrected as indicated 
below. 

 

4. The applicant’s case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issues involved. 
Therefore, the request for a hearing is not favorably 
considered. 

 

________________________________________________________________ 

 

THE BOARD RECOMMENDS THAT: 

 

The pertinent military records of the Department of the Air 
Force relating to the APPLICANT be corrected to show that on 
31 July 1997, he requested Basic Allowance for Housing 
Differential (BAH-DIFF) for the period 31 July 1997 through 
27 Jun 1998, and his request was approved by competent 
authority. 

 

________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2010-01418 in Executive Session on 26 Oct 10, under 
the provisions of AFI 36-2603: 

 

 

 

All members voted to correct the records as recommended. The 
following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 8 Apr 10, w/atchs. 

 Exhibit B. Applicant’s Master Personnel Records. 

 Exhibit C. Letter, AF/A1PA, dated 15 Jun 10, w/atchs. 

 Exhibit D. Letter, SAF/MRBR, dated 9 Jul 10. 

 Exhibit E. Letter, Applicant, dated 22 Jul 10. 

 

 

 

 

 

 Panel Chair