ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

                  IN THE CASE OF:  

                  BOARD DATE:  14 January 2020

                  DOCKET NUMBER:  AR20170005023

APPLICANT REQUESTS:  

*	back payment of Basic Allowance for House (BAH) from his wife's discharge date 
to his expiration term of service (ETS)

APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:  

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214 (Certificate of Release or Discharge from Active Duty)
*	wife's DD Form 214
*	Leave and Earnings Statements (LES) from March 2016 through February 2017

FACTS:

1.  The applicant states:

*	he was not paid BAH for a dependent from the time his wife left active duty until 
his ETS date
*	he received incorrect information from his S1 and from the civilian employee at 
his finance office
*	they stated the BAH error would be corrected
*	upon investigation, the applicant was told it was too late and the only way to get 
it corrected was through the Board

2.  The applicant provides the following documents for the Board's consideration:

	a.  His DD Form 214 which shows he was honorably discharged on 
24 February 2017.

	b.  His wife's DD Form 214 which shows she was honorably discharged on 
3 March 2016.

	c.  His LESs from March 2016 through February 2017, which show he was paid BAH 
at the single rate and had a spouse as a BAH dependent.

3.  In the processing of this case, an advisory opinion was obtained on                                
23 December 2019, from the Chief, Compensation and Entitlements Division, Office of 
the Deputy Chief of Staff, G1.  The advisory official recommended the board approve 
the applicant's request.  The applicant is authorized to receive a with-dependent BAH 
from 3 March 2016 through 24 February 2017.  A copy of the complete advisory opinion 
has been provided to the Board for their review and consideration.

4.  A copy of the advisory opinion was sent to the applicant on 23 December 2019.  He 
did not respond.

5.  See below for applicable regulations.  

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records.  The Board considered the applicant’s statement, his record of 
service, his entitlement to BAH, the date of his spouse’s separation and the date he was 
discharged.  The Board considered the review and conclusion of the HQDA G1 advising 
official.  Based on a preponderance of evidence, the Board determined that the amount 
of BAH the applicant received between 3 March 2016 through 24 February 2017 was in 
error.

2.  After reviewing the application and all supporting documents, the Board found that 
relief was warranted.























BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION: 

The Board determined the evidence presented is sufficient to warrant a 
recommendation for relief.  As a result, the Board recommends that all Department of 
the Army records of the individual concerned be corrected as follows:

	- show the applicant was authorized to receive a with-dependent BAH from 3 March 
2016 through 24 February 2017, and;
     - pay him the difference between the rate he received and the rate he is authorized 
as a result of this correction.
												 
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.

?

REFERENCE:

The Joint Travel Regulation, chapter 10, Table 10-4, Rule #5 and paragraph 100903 
provides the authority for a member who acquires a dependent to receive a with-
dependent housing allowanced based on the member's duty station effective the date 
the member acquired the dependent.  

ABCMR Record of Proceedings (cont)		AR20170005023
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