RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2022-00806

XXXX X. XXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

He receive Basic Allowance for Housing (BAH) for the location of his dependents’ actual residence instead of his Permanent Duty Station (PDS), while he was on active duty.

APPLICANT’S CONTENTIONS

Prior to his Permanent Change of Station (PCS) to XXXX, his Permanent Duty Station (PDS) was XXXX.  Before his official arrival to XXXX, 1 Oct18, he relocated his dependents to XXXX where they currently reside.  In Jul 19 and Jan 21, he deployed to an overseas location and due to the total number of days overseas, 365 days within a 36-month period, he was awarded credit for an Overseas Long Tour in accordance with DAFI 36-2110, Total Force Assignments, Table 7.6 Rule 3.  If it was a normal dependent restricted PCS, he would have been entitled to the BAH based on the location of his dependents.  The Department of Defense Financial Management Regulation (DoD FMR) Vol 7A, chapter 26, paragraph 261002, sections A3, B2b, and B3f, allow for BAH based on the dependent’s location if certain conditions are met.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a currently serving Air Force Reserve master sergeant (E-7).

On 12 Sep 17, the applicant’s Report on Individual Personnel (RIP) reflects his Effective Duty Date (EDD) at XXXX.

On 9 May 18, Special Order XXXX was published indicating the applicant would be reassigned from XXXX to XXXX with a report not later than date of 31 Oct 18.

On 1 Oct 18, the applicant’s RIP reflects his EDD at XXXX.

On 8 Jul 19, according to a travel voucher provided by the applicant, he departed his PDS for an overseas deployment and returned to his PDS on 19 Jan 20.

On 25 Jan 21, according to the travel voucher provided by the applicant, he departed his PDS for an overseas deployment and returned to his PDS on 11 Aug 21. 

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION

HQ USAF/A1PA recommends denying the application.  Based on the documentation provided by the applicant and analysis of the facts, there is no evidence of an error or injustice.  To date there is no authority to pay BAH at the dependent’s location per the DoD FMR, Volume 7A, chapter 26, based on the applicant’s situation.  DoD FMR, Vol 7A, chapter 26, paragraph 261002, Service Member With-dependent, sub-paragraph 261002.B, Location Rate, states:  Ordinarily a housing allowance is based on the Service member’s PDS, or the home port for a Service member assigned to a ship or afloat unit.  However, the Service may determine a Service member’s assignment to a PDS, or the circumstances of that assignment, requires a dependent to reside separately.  Authorization or approval of a housing allowance based on the dependent’s location or old PDS is through the Service Secretary or through the Secretarial Process.

The applicant did not submit a Secretarial waiver for his dependents’ location before his PCS to XXXX, nor while on either deployment.  More importantly, the applicant would not qualify for the waiver as his dependents were located in the proximity of the PDS at XXXX, and the applicant resided with his dependents before and after each subsequent deployment.  Furthermore, when the applicant was assigned to XXXX, he decided on his own agreement that his dependents reside in the XXXX Military Housing Area (MHA), which is outside of the XXXX MHA.  The applicant is not entitled to BAH for his dependents’ location based on credit for an Overseas Long Tour.  The credit does not automatically qualify the applicant for remote or unaccompanied tour entitlements.  Since the applicant did not complete an unaccompanied or dependent-restricted assignment outside the Continental United States he is not entitled to BAH at the dependents’ location.

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 24 Oct 22, for comment      (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was timely filed.

2.  The applicant exhausted all available non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice.  The applicant contends he is entitled to BAH based on the location of his dependents. However, while assigned to XXXX the applicant, on his own volition, decided to relocate is dependents outside of the XXXX MHA. Since the applicant did not complete an unaccompanied or dependent-restricted assignment outside the Continental United States he is not entitled to BAH at his dependents’ location.  Therefore, the Board concurs with the rationale and recommendation of HQ USAF/A1PA and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  Accordingly, the Board recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

CERTIFICATION

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2022-00806 in Executive Session on 2 Feb 23:

, Chair, AFBCMR
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 9 Mar 22.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, HQ USAF/A1PA, w/atchs, dated 21 Oct 22.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 24 Oct 22.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9.