IN THE CASE OF: BOARD DATE: 4 October 2016 DOCKET NUMBER: AR20160011926 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: AR20150013768 DOCKET NUMBER: AR20160011926 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: AR20150013768 DOCKET NUMBER: AR20160011926 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 his records to show he was granted a Secretarial waiver to receive basic allowance for housing (BAH) based on his previous permanent duty station (PDS). 2. The applicant states: * on 8 November 2011, he was an initial Active Guard Reserve (AGR) hire with the Maryland Army National Guard (MDARNG); his initial duty location was Baltimore, MD * on 10 December 2011, he married his spouse Tiffany; therefore, he was eligible for BAH at the dependent rate for the Baltimore military housing area (MHA) * on 17 May 2013, he and his wife purchased a home that was previously owned by his wife, her mother and a friend; he and his wife bought out the other parties' interests, making him and his wife the legal owners * on 14 August 2013, he was ordered to command the 253rd Engineer Company in La Plata, MD; because he is AGR his duty location remained in Baltimore; he continued to work in Baltimore but drilled in La Plata * on 4 April 2014, he transferred from Baltimore to Hagerstown, MD; his BAH changed from zip code 21201 to 21740 * on 24 April 2014, he submitted a request for secretarial waiver to retain BAH at his previous duty station; his orders stated his move was a no/low cost permanent change of station (PCS); shipment of household goods and movement of dependents were not authorized * he continued to commute from Baltimore to Hagerstown, MD * on 24 April 2014, his request for Secretarial waiver was denied 3. The applicant provides a self-authored statement and documents, labeled and organized as follows: * Exhibit 1 - All Army Activities (ALARACT) Message number 324/2012 (Exception to Policy Guidance for BAH Waivers), dated November 2012 * Exhibit 2 - Orders Number 312-007, issued by the MDARNG on 8 November 2011 * Exhibit 3 - his certificate of marriage and a Leave and Earnings Statement (LES) for January 2012 * Exhibit 4 – Deed of Trust for property to be purchased, settlement statement of previous owners, and mortgage loan tax information * Exhibit 5 - his settlement statement, Deed of trust, and mortgage commitment statement * Exhibit 6 - Orders Number 234-042, issued by the MDARNG on 22 August 2013, and a LES for September 2013 * Exhibit 7 - Orders Number 095-082, issued by the MDARNG on 5 April 2014, and LESs for March and April 2014 * Exhibit 8 - a memorandum for Headquarters Department of the Army (HQDA), Office of the Deputy Chief of Staff (DCS) G-1, dated 24 April 2014, subject: Request for Exception to Policy (ETP) for Captain (CPT) [Applicant], and a memorandum from the MDARNG, dated 4 April 2014, subject: Request for ETP, BAH for CPT [Applicant] * Exhibit 9 – an email response from HQDA, G-1, denying the applicant's request for BAH waiver CONSIDERATION OF EVIDENCE: 1. On 17 May 2008, the applicant was appointed as a Reserve commissioned officer of the Army. On 14 November 2008, he executed an oath of office in the MDARNG. 2. On 8 November 2011, he was ordered to an initial AGR tour in the rank/grade of CPT/O-3. He was assigned to Joint Forces Headquarters (JFHQ), with duty in Baltimore, MD. 3. On 10 December 2011, he married his spouse, Tiffany. 4. On 17 May 2013, the applicant and his wife purchased a home in Baltimore, MD, in zip code 21224, which was previously owned by his wife, her mother and a friend. According to the Defense Travel Management Office (DTMO), Department of Defense (DOD) Center for Travel Excellence, the zip code 21224 area is in the Baltimore, MD, MHA for payment of BAH. 5. On 14 August 2013, the applicant was reassigned to the 253rd Engineer Company, La Plata, MD 20646. According to the DTMO, DOD Center for Travel Excellence, the zip code 20646 area is in the Indian Head, MD, MHA for payment of BAH. 6. On 4 April 2014, the applicant was reassigned to the 581st Troop Command Detachment, Hagerstown, MD 21740. According to the DTMO, DOD Center for Travel Excellence, the area designated by zip code 21740 is in the County Cost Group 760 MHA for payment of BAH. These orders contain the entry "This is a no/low cost move and shipment of household goods and movement of dependents are not authorized." 7. The applicant provides: a. LESs for January 2012, August - September 2013, and March 2014, which show he received BAH at the with dependents rate, based on zip code 21201 (Baltimore, MD). His April 2014 LES shows he received BAH at the with dependents rate, based on zip code 21740 (Hagerstown, MD). b. A memorandum addressed to HQDA, DCS G-1, dated 24 April 2014, in which he requests a secretarial waiver to receive BAH at the with-dependents rate based on his previous duty station. c. An email response from HQDA, DCS, G-1, dated 24 April 2014, wherein the applicant's request for secretarial waiver was denied for the following reasons: * waivers are considered when a housing decision is made based on the BAH for their PDS, they are reassigned in proximity, are not authorized a full cost move and continue to commute from the same residence * a refinance is not considered * the applicant's housing decision was made prior to his initial AGR tour * his PCS from Baltimore to La Plata, 65 miles, was authorized a full cost move * his subsequent move from La Plata to Hagerstown, 111 miles, also authorizes a full cost move * entitlements cannot be denied by an improper order REFERENCES: 1. ALARACT Message 324/2012, dated 14 November 2012, clarifies the policy for Secretarial waivers for BAH at other than the Soldier’s duty station 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). 4. The DTMO website provides the following overview of BAH: a. BAH is a U.S. based allowance prescribed by geographic duty location, pay grade, and dependency status. It provides uniformed Service members equitable housing compensation based on housing costs in local civilian housing markets within the U.S. when government quarters are not provided. b. BAH enables Service members to live off-base comparably to their civilian counterparts. It is not designed to cover all housing costs for all members. Some members may have out-of-pocket expenses, because rates are based on the median cost of rent. A member’s actual expenses may be higher or lower based on a member’s actual choice of housing and where they live. Because members are free to make housing choices that best suit their needs, a member may choose to use all their housing allowance to rent for more expensive housing close to the duty station, or have a longer commute for either a larger or less expensive house in an outlying area. 5. DTMO, DOD Center for Travel Excellence, shows the BAH MHA rate for an O-3 with dependents for the following areas: * Baltimore, MD - $2,550 (Baltimore City) * La Plata, MD - $2,724 (Charles County) * Hagerstown, MD - $1,887 (Washington County) 6. DOD Instruction 4515-14, dated 28 June 2013, provides that the National Capital Region 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's request for a secretarial waiver to receive BAH based off his previous PDS was carefully considered. 2. The applicant purchased a home in Baltimore in May 2013 and was transferred to La Plata, MD in August 2013. He was paid BAH based on his Baltimore, MD, PDS until April 2014. He was eligible to receive BAH at the higher rate based on this location; however, he did not. In April 2014, he was transferred to Hagerstown, MD, which is a lower MHA BAH rate. 3. His request for ETP to receive BAH based off his previous PDS was denied by HQDA, DCS, G-1. 4. The intent of the secretarial waiver provision contained in ALARACT Message 324/2012 is to provide relief for those Soldiers who, while living and working in a high-cost area, receive low/no cost PCS orders to a lower cost area. If the Soldier's dependents continue to reside in the higher area, the Soldier may be authorized receipt of BAH based on his previous, higher cost duty location. 5. When the applicant received PCS orders for duty in La Plata, his residence was located in Baltimore and he was receiving BAH based on that location. His new PDS was 65 miles from his residence; therefore, based on DOD and Army regulations, he was authorized a full cost move had he chosen to relocate. 6. His subsequent PCS from La Plata to Hagerstown was a distance of 75.5 miles; therefore, based on DOD and Army regulations, he was authorized a full cost move had he chosen to relocate. 7. A full-cost move would be in the Government's best interests and not primarily for the applicant's convenience. The fact that he did not relocate his family to his new PDS would not, under the governing policy, be an adequate reason to grant waiver for BAH at the higher rate. In this case, it appears his receipt of BAH for the Hagerstown rate is appropriate. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160011926 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160011926 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2