ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 23 December 2019 DOCKET NUMBER: AR20170007227 APPLICANT REQUESTS: exception to policy (ETP) for Basic Allowance for Housing (BAH) to be backed dated to 23 January 2015 instead of the current date in his military records of 13 March 2015. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Orders, dated 17 December 2014 * Orders, dated 14 January 2015 * Memorandum for BAH, dated 20 March 2015 * Email Traffic with Headquarters Department of the Army FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states that he requests that his BAH waiver to be backdated to 23 January 2015 instead of the current date of 13 March 2015 and his pay corrected as such. By the time he was informed of the process to request the BAH waiver and received the appropriate memorandums from his command, he had already been transferred to Georgia. He attached a copy of the email thread that should explain his plight. What his Readiness NCO understood was a "BAH Waiver" was to just submit appropriate paperwork at pay. His unit, and himself were at the time, unaware of the process. He was their first Signal Corp Warrant Officer, so there was no guidance available for him. He has since then advised anyone that he can to not make the same mistake so hopefully the Board will not see anyone else with this issue from his state. 3. The applicant provides: * Orders, dated 17 December 2014, shows the applicant was ordered to active duty for training (ADT) from 26 January 2015 to 23 March 2015 * Orders , dated 14 January 2015, amends orders 351290, dated 17 December 2014, to show 26 January 2015 to 22 June 2015 * Memorandum for BAH, dated 20 March 2015, approved the applicant’s request for BAH waiver for Warrant Officer Basic Course at FT Gordon GA based on orders, dated 23 January 2015, effective 13 March 2015 * Email Traffic with Headquarters Department of the Army shows the applicant’s attempt to correct his BAH issue shows his BAH was not approved retroactively 4. A review of the applicant’s service record shows the following: a. He enlisted in the Army National Guard (ARNG) on 10 September 2007. b. Orders, dated 21 August 2014, show the applicant was discharged from the ARNG with an honorable character of service. c. He was discharged from the ARNG on 26 August 2014 with an honorable character of service. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows that he completed 1 month and 4 days of active duty service to accept commission or warrant in the Army. d. National Guard Bureau (NBG) Form 22 (Report of Separation), dated 26 August 2014, shows he was discharged, effective 26 August 2014. e. NGB Form 337 (Oath of Office), dated 27 August 2014, shows the applicant completed his oath of office as a warrant officer/WO1, effective 27 August 2014. f. Memorandum, dated 5 December 2014, appointed the applicant as a Reserve Commissioned Officer, with an effective date of 27 August 2014. g. An ARNG annual statement shows a period of service from 23 January 1990 to 10 September 2018. h. He was released from active duty on 17 April 2019 with an honorable character of service. His DD Form 214 shows that he completed 3 months and 10 days of active duty service. 5. Joint Travel Regulation (JTR) chapter 10 paragraph 1009908 (Dependent Travels Before or After Service Member) states that the applicable rates, if the dependent does not relocate at the “with-dependent allowance” is based on the higher of the rates for the dependent’s location or the Service member’s old PDS (Permanent Duty Station) and continues until the dependent departs the authorized or approved location. 6. JTR chapter 10 paragraph 100906 (Reserve Component (RC) Member) states if a Soldier is called or ordered to active duty training (ADT) for 140 or More Days or Other Than Training for 181 or More Days and Authorized HHG Transportation. Except when supporting a contingency operation, the initial rate ends on the day before the RC member reports at the duty location specified in the active-duty order. Whether or not the duty is in support of a contingency operation, BAH or OHA based on the primary residence starts at the time called or ordered to active duty for training, beginning on the first day of active duty and continues through the day before arrival at the PDS. BAH or other housing allowance (OHA) based on the PDS location begins on the day the RC member reports at that location. An RC member called or ordered to ADT for 140 or more days at one location or other than training for 181 or more days is authorized BAH or OHA in the same manner as a Service member already on active duty. OHA or BAH is not authorized for an RC member assigned adequate Government quarters to his or her grade and dependency status. 7. Army Regulation 37-104-4 (Military Pay and Allowance Policy) paragraph 20-1 settlement actions authority, states that only the director, DFAS (Defense Finance)-IN may make settlement actions affecting the military pay accounts of Soldiers as a result of correction of records by the ABCMR per provisions of Army Regulation 15-185. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found partial relief was warranted. The applicant’s contentions were carefully considered. The Board determined that the applicant received a favorable waiver from the Office of the Deputy Chief of Staff; however, the waiver was not retroactive to 23 January 2015, but effective 13 March 2015. The Board determined that it was through no fault of the service member, and notwithstanding the memorandum issued by the DCS, the Board found that the applicant’s BAH should be authorized with an effective date of 26 January 2015, the date of his Orders for active duty for training. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION ? BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing his BAH waiver was approved and backdated to 26 January 2015 instead of 13 March 2015. 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to backdating the effective date to 23 January 2015. 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Joint Travel Regulation (JTR) chapter 10 paragraph 1009908 (Dependent Travels Before or After Service Member)) states that the applicable rates if the dependent does not relocate, the “with-dependent allowance” is based on the higher of the rates for the dependent’s location or the Service member’s old PDS (Previous Duty Station) and continues until the dependent departs the authorized or approved location. 3. JTR chapter 10 paragraph 100906 (Reserve Component (RC) Member) states called or ordered to active duty training (ADT) for 140 or More Days or Other Than Training for 181 or More Days and Authorized HHG Transportation. Except when supporting a contingency operation, the initial rate ends on the day before the RC member reports at the duty location specified in the active-duty order. Whether or not the duty is in support of a contingency operation, BAH or OHA based on the primary residence starts at the time called or ordered to active duty for training, beginning on the first day of active duty and continues through the day before arrival at the PDS. BAH or other housing allowance (OHA) based on the PDS location begins on the day the RC member reports at that location. An RC member called or ordered to ADT for 140 or more days at one location or other than training for 181 or more days is authorized BAH or OHA in the same manner as a Service member already on active duty. OHA or BAH is not authorized for an RC member assigned adequate Government quarters to his or her grade and dependency status at 4. Army Regulation 37-104-4 (Military Pay and Allowance Policy) paragraph 20-1 settlement actions authority, states that only the director, Defense Finance and Accounting Service – Indiana (DFAS – IN) may make settlement actions affecting the military pay accounts of Soldiers as a result of correction of records by the ABCMR pursuant to provisions of Army Regulation 15-185. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170007227 4 1