BOARD DATE: 23 February 2017 DOCKET NUMBER: AR20150016327 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 BOARD DATE: 23 February 2017 DOCKET NUMBER: AR20150016327 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. BOARD DATE: 23 February 2017 DOCKET NUMBER: AR20150016327 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 payment of basic allowance for housing (BAH) from 1 April 2014 to 19 August 2014 and family separation allowance (FSA) from 11 July 2011 to 11 July 2013. 2. The applicant states he was entitled to BAH during that time frame. When they corrected his BAH, they paid him back through 31 March 2014. He was entitled to the BAH for the remainder of the period. Additionally, family travel was unauthorized which makes him eligible for FSA. 3. The applicant provides: * Marriage Certificate, dated 10 October 2010 * Notice of Entry of Judgment – Dissolution of Marriage, dated 14 May 2014 * Certificate of Marriage, dated 30 May 2014 * DD Form 1561 (Statement to Substantiate Payment of Family Separation Allowance (FSA)) * DA Form 31 (Request and Authority for Leave) * Orders 130-3274, dated 10 May 2011 and amendment Orders (Corrected) 287-2, dated 14 October 2014 CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army on 8 March 2011. He indicated that he was married and provided a marriage certificate showing his date of marriage to Kaitlyn as 10 October 2010. 2. Following completion of training on 10 May 2011, Headquarters, U.S. Army Infantry Center, Fort Benning, GA, published Orders 130-3274 reassigning him to the 1st Squadron, 2nd Armored Cavalry Regiment, Vilseck, Germany, on or about 9 July 2011. The orders stated: * he was authorized to ship household goods and privately owned vehicle * deferred (delayed) travel of his dependents was authorized * upon arrival overseas, he was required to complete necessary forms to ensure arrival of his dependents overseas 3. He completed a DD Form 93 (Record of Emergency Data) on 10 December 2012, 29 July 2013, 3 September 2013, and 6 May 2014, and in each case, he listed his family's location/address in El Sobrante, California, or Burson, California. 4. While in Germany, he also executed a 3-year reenlistment in the RA on 20 February 2013. On 3 May 2013, the U.S. Army Garrison, Germany, published Orders 126-101 ordering him to proceed on a permanent change of station (PCS) to Fort Lewis, Washington on or about 10 September 2013 with early reporting authorized. 5. On 11 July 2013, he departed Germany to Fort Lewis, Washington. He provides a DA Form 31 showing he took PCS leave from 11 July 2013 to 23 July 2013. In the Remarks block, he indicated "[Service member] is taking leave at the address [Burson, California], with his wife and daughter and will report to Fort Lewis… no later than 23 July 2013." He requested 3 days of advanced leave for travel and time to pack and move his family. 6. He signed into the 1st Battalion, 17th Infantry at Fort Lewis, Washington on or about 23 July 2013. 7. On 6 May 2014, the servicing personnel office notified the applicant's spouse in California that the applicant had on 6 May 2014 elected another beneficiary to receive all or a portion of his group life insurance. 8. He provides a Judgment of Dissolution (of Marriage), filed in the State of California on 2 April 2014, terminating his marriage to Kaitlyn effective on that date. He also provides a Certificate of Marriage that shows he and Megan married on 30 May 2014. 9. On 14 October 2014, Headquarters, U.S. Army Maneuver Center, Fort Benning, Georgia published Orders 287-2 amending the applicant's 2011 orders to Germany (Orders 130-3274) from "deferred travel of dependents" to "Family travel is unauthorized for dependents." 10. On 24 March 2015, a physical evaluation board convened and found the applicant's lumbar degenerative disc disease and sciatica rendered him physically unfit for duty. The PEB recommended a combined rating of 30 percent and permanent retirement. He concurred. 11. On 8 April 2015, Headquarters, Directorate of Human Resources, Joint Base Lewis-McChord published Orders 098-0005 releasing him from active duty on 29 June 2015 due to disability and placing him on the permanent retired list in the grade of E-4 effective 30 June 2015. 12. He was honorably retired on 29 June 2015 and placed on the retired list on 30 June 2015. His DD Form 214 shows he completed 4 years, 3 months, and 22 days of active service. 13. According to the Defense Finance and Accounting Service (DFAS) BAH Table for Calendar Year 2014, the BAH rate for an E-4 with dependents assigned to Tacoma, WA, was $1,374. 14. According to the applicant's DFAS pay records, the applicant was receiving BAH on 1 April 2014 at the rate of $1,374.00/month. 15. The Board requested and the Office of the Deputy Chief of Staff for Personnel, G-1, provided an advisory opinion on 23 July 2016. The Army G-1 official recommends denying the applicant's request for FSA. a. The Army G-1 is unable to validate the applicant's dependents were not permitted to travel to his duty station in Germany because of certified medical reasons. Moreover, the amendment orders (287-2) that were issued on 14 October 2014 are invalid and violate the Joint Travel Regulation (JTR) since these orders were issued for the sole purpose of increasing the applicant's entitlements. b. The Department of Defense (DOD) Financial Management Regulation, Volume 7A, chapter 27, paragraph 270301-D3C allows the Service Secretary to permit payment of FSA by exception, when the dependents are unable to accompany the member to the overseas permanent duty station for certified medical reasons. The applicant did not provide certification from competent medical authorities such as his dependent's primary care physician and the Exceptional Family Member Program office. 16. The applicant responded to the advisory opinion by email on 8 September 2016. He stated that he tried to get ahold of the personnel office at Fort Lewis but they were not helpful. The paperwork shows when his daughter was born and was able to move to Germany; he did not have enough time left at that duty station to be able to bring his family. She was born in August 2011. The doctor said at the 9-month check-up that she was able to fly and was in good health in May/June 2012. A year later, he was sent to Fort Lewis. With his response, the applicant provided similar documents to those provided with his application. REFERENCES: Chapter 27 of the DOD Financial Management Regulation, Volume 7A, covers the Family Separation Allowance. a. FSA is payable only to members with dependents. Two types of FSA are authorized: Type I and Type II. FSA-I is for added housing expenses caused by enforced separation from dependents. FSA-II provides compensation for added expenses incurred because of an enforced family separation under one of certain conditions (transportation of dependents is not authorized at government expense, on duty aboard a ship, or on continuous temporary duty before reporting to the initial station or on temporary duty more than 30 days and the dependents live in the vicinity of the permanent duty station, not the temporary duty location). b. Paragraph 27301 applies in overseas assignments where the dependents are permitted in some areas overseas and not permitted in others (dependent-restricted areas). A member selected for PCS overseas to an area where the member’s dependents are permitted must elect to serve either an unaccompanied or accompanied tour. c. Unusual family or operational circumstances are defined as those in which the Secretary of the military department concerned determines it is in the best interest of the government to permit payment of FSA-II to members who, through no fault of their own, must relocate unaccompanied under certain circumstances. The Secretarial Waiver Authority should be used prudently. Waiver under these circumstances is effective upon the date granted. When ordered to a new overseas duty station where certified medical reasons involving family members or terrorist activity would make it inappropriate for dependents to accompany the member. DISCUSSION: 1. When the applicant was issued PCS orders to report to Germany 2011, he was authorized family travel. It appears based on his multiple DD Forms 93 that his family did not join him in Germany. Even if his spouse was pregnant and expecting a child, he still could have applied for command sponsorship and received authorization for his family to travel, including his child, to either economy or government housing. 2. There is no evidence in the records and he provides none to show his family members were not permitted to travel to his duty station in Germany because of certified medical reasons or due to terrorist activities. The DOD Financial Management Regulation permits payment of FSA by exception when the dependents are unable to accompany the member to the overseas permanent duty station for certified medical reasons. 3. The applicant did not provide certification from competent medical authorities such as his dependent's primary care physician and the Exceptional Family Member Program office certifying he had a family member eligible for this program. The evidence does not show a basis for payment of FSA by exception. 4. As for his BAH, his DFAS pay records confirmed the rates he was receiving in April 2014. According to his pay records, he was receiving the correct BAH rate for an E-4, with dependents, based on a Tacoma, WA zip code. The authorized amount was $1,374 per month. The applicant does not provide documentary evidence (leave and earnings statements, lease/rental agreement, application for BAH, etc.) showing eligibility for/entitlement to a different BAH rate. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150016327 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150016327 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2