RECORD OF PROCEEDINGS

IN THE MATTER OF:                                     DOCKET NUMBER: BC-2022-01192

XXXXXXXXXXXXXX                                      COUNSEL: XXXXXXX
	
                                                                              HEARING REQUESTED:NOT INDICATED	

APPLICANT’S REQUEST

His Military Personnel Appropriation (MPA) Reserve Order No. XXXXXX, dated 23 Apr 21, be amended as follows:

a.	Member authorized a permanent change of station (PCS) move from XXXX, Indiana (IN) to XXXX, Missouri (MO).

b.	Receive Basic Allowance for Housing (BAH) based upon XXXXX, MO instead of XXXXX, IN.

c.	Reflect his dependents.

APPLICANT’S CONTENTIONS

His Reserve Order No. XXXXXX was incorrect as it showed him departing and returning to XXXXX, MO.  He was supposed to receive a PCS based upon his home being in XXXXXX, IN; however, he moved himself.  Furthermore, since his home was shown as being in XXXXXXX, IN he received the incorrect BAH and was underpaid.  Moreover, his dependents were not included on his orders.  These corrections should be made as he was underpaid for BAH from 2 Jun 21 through 30 Sep 21 and was not given a PCS move that included benefits such as Dislocation Allowance, Travel Pay, and Household Goods (HHG).  Per his local personnel detachment office, these orders should have never made it through the approval process.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an Air Force Reserve major (O-4). 

On 2 Jun 21, according to MPA Reserve Order No. XXXXXX, dated 23 Apr 21, provided by the applicant, he was placed on MPA orders for 121 days, from 2 Jun 21 through 30 Sep 21.  Blocks 5 and 6 reflect his present city, and state as XXXXX, IN.  Blocks 8 and 9 reflects his unit of assignment and location as XXXXXX, Scott Air Force Base (AFB), IL.  Block 18h indicates he will depart from XXXX, MO and return to XXXXX, MO.

On 1 Oct 21, according to MPA Reserve Order XXXXX, dated 17 Sep 21, provided by the applicant, he was placed on MPA orders for 341 days, from 1 Oct 21 through 6 Sep 22.  Blocks 5 and 6 reflect his present city, and state as XXXXX, MO.  Blocks 8 and 9 reflects unit of assignment and location XXXXXXX, Scott AFB, IL.  Item 18i states that for this order, member will depart from XXXX, MO and return to XXXXX, MO.

According to RAWS SURF Assignment Data, dated 25 Jul 22, the applicant has been assigned to the XXXXXXX, Scott AFB, IL, with an effective duty date of 7 Nov 16.

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

AIR FORCE EVALUATION

HQ RIO/IRO recommends denying the applicant’s request to amend Reserve Order No. XXXXX.    In accordance with the Joint Travel Regulations (JTR), Section 051305, there is no authority for HHG transportation under any of the following conditions for a Service member of a Reserve Component (RC) when called or ordered to active duty, including active duty for training, for the following durations; less than 20 weeks.  Section 050701, Entering Active Duty, a Service member may be eligible for travel allowances when he or she enters active duty from civilian life or from a non-active duty status under the following circumstances:  an RC member is called or ordered to active duty, including duty for training, for 20 or more weeks at one location, and travels from his or her primary residence, home, or place from which called or ordered to active duty (PLEAD) to the first permanent duty station (PDS) under that call or order to active duty.

In accordance with (IAW) DoD 7000.14-R, Financial Management Regulation, Volume 7A, Chapter 26, paragraph 10.5.1.4., Called or Ordered to ADT for 140 or More Days But Not Authorized HHG Transportation, if the RC member is not authorized HHG transportation (e.g. duty is not performed for 140 or more days at one location), he or she receives BAH or OHA (overseas housing allowance) based on the primary residence at the time called or ordered to AD, except as specified for an RC member OCONUS (Outside the Continental United States) without a dependent.  IAW Paragraph 10.5.1.9., Order Modification or Amendment, when an RC member receives an order modification or amendment extending his or her assignment, the prospective new active duty period determines the authority for housing allowances.  If the prospective period is 140 or more days for training or 181 or more days and HHG are authorized for the PCS, the BAH-RC or BAH or OHA based on the primary residence stops the day before the modification or amendment and BAH or OHA based on the PDS begins on the modification date.

Based upon the documentation provided by the applicant and analysis of the facts, there is no evidence of an error or injustice.  The applicant was placed on MPA orders for 121 days starting 2 Jun 21 through 30 Sep 21 and when he began his orders, he was not entitled to a PCS as he did not meet the requirements outlined in the JTR, which is a minimum of 20 weeks or 140 days.  Since he was not on orders for over 140 days and was not authorized household goods, his BAH entitlement was based upon the primary residence at the time he was placed on MPA orders.

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 12 Jul 22 for comment (Exhibit D), and the applicant replied on 20 Jul 22.  In his response, he contends that while the original Reserve Order number XXXXXX was for only 121 days, in effect it became well over 180 days (20 weeks) with the follow-on Reserve Order number XXXXXX.  Because orders are not processed to cross fiscal years, at least not through AMC XXXXX the first set of orders XXXXXX ended on 30 Sep 21 and the second set of orders XXXX began immediately on 1 Oct 21.  Also, an error was made on the first set of order when it listed as his address, the address he would occupy while on orders instead of the correct home address in XXXXXXX, IN.  A PCS memorandum should have been completed prior to issuance of Reserve Order XXXXX stating that MPA days would be in excess of 140 days total and cross from FY 2021 into FY 2022, thereby including his dependents and authorizing HHG.  As this was not accomplished it led to the second set of orders, Reserve Order XXXXXXX, being incorrect as it did not authorize HHG or dependents. Additionally, he contends that HQ AMC IMA manpower and personnel representatives concur that the record should be corrected.

The applicant’s complete response is at Exhibit E.

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 Board concurs with the rationale and recommendation of HQ RIO/IRO and finds a preponderance of the evidence does not substantiate the applicant’s contentions. The governing authority Joint Travel Regulations (JTR) is clear, there is no authority for HHG when called or ordered to active duty, including active duty for training, for the less than 20 weeks.  Additionally, the Board finds that based upon the applicant’s primary residence, his BAH entitlement was correct.  The Board notes the applicant’s contention that HQ AMC IMA manpower and personnel representatives concur with the correction of his record.  Thus, the Board is willing to reconsider the applicant’s request should additional evidence be provided from HQ AMC IMA representatives supporting the correction along with the validation of a “PCS memorandum” process for split fiscal year orders.  Therefore, absent the requested supporting documentation, the Board recommends against correcting the applicant’s records.

4.  The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.  

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-2022-01192 in Executive Session on 30 Aug 22:

, Panel Chair 
, 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 25 Apr 22.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, HQ RIO/IRO, dated 5 Jul 22.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 12 Jul 22.
Exhibit E: Applicant’s Response to Advisory, dated 20 Jul 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.