ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 15 March 2019 DOCKET NUMBER: AR20180012521 APPLICANT REQUESTS: The applicant requests, in effect, that he be authorized Basic Allowance for Housing (BAH) at the with-dependent rate from 13 November 2017 to 25 September 2018 based on his dependent’s residence in Georgia. Failure to authorize BAH at the with- dependent rate for his Georgia residence for the full active duty period is a significant financial burden. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 * Power of Attorney and Identification for the applicant’s wife to serve as his counsel * Letter from Defense Finance and Accounting informing the applicant that they could not correct his BAH, dated 18 December 2018 * Leave and Earnings Statement for the period ending 29 June 2018 showing that the applicant is receiving BAH * Orders MM-8338-00003, U. S. Army Medical Command Fort Sam Houston, 4 December 2018, retaining the applicant on active duty from 7 December 2018 to 3 June 2019 at the Warrior Transition Company, Fort Hood, Texas * Orders MM-8256-00005, U. S. Army Medical Command Fort Sam Houston, 13 September 2018 (with two amendment orders), retaining the applicant on active duty effective 24 September 2018 for 60 days, with two amendments extending the period to 6 December 2018 * Orders HR-7307-00012, U. S. Army Human Resources Command (HRC), 3 November 2017, ordering the applicant to active duty at Fort Hood, Texas, effective 13 November 2017, ending 25 September 2018 * Memorandum from Department of the Army Office of the Deputy Chief of Staff G1, 24 August 2018, subject: Basic Allowance for housing (BAH) Secretarial Wavier – (applicant) authorizing BAH from 24 June 2018 to 25 September 2018 * Email from the applicant to the Department of the Army Office of the Deputy Chief of Staff G1 (HQDA DCS G1), 23 August 2018, subject: BAH Appeal, with supporting documentation for BAH * Email from the applicant to the HQDA DCS G1, dated 15 July 2018, asking about the status of his BAH waiver request and showing that it was submitted them by his S-1 on 28 June 2018 * Email from HQDA DCS G1 to the applicant, dated 10 January 2018, informing the applicant that he had to resubmit his request for BAH waiver in accordance with ALRACT 097/2016 * Email from the applicant to the HQDA DCS G1, dated 10 January 2018, asking the status of his BAH waiver request submitted to his command on 30 November 2017 * Email from the applicant to his command S1, dated 30 November 2017, provided a request for BAH waiver with attached documents * Memorandum, Commander, Headquarters, 120th Infantry Brigade, 29 November 2017, subject: Request an Amendment to PCS Orders HR-7307-00012 (for the applicant) * Orders HR-7307-00012, U. S. Army Human Resources Command, 2 November 2017, the applicant ordered to active duty effective 13 November 2017 ending 25 September 2018 * Email string between various members of the applicant’s command and HQDA DCS G1 about BAH waivers, dated 4 October 2017 to 29 November 2017 FACTS: 1. On 3 November 2017, the applicant, a U. S. Army Reserve (USAR) master sergeant (MSG) from Georgia, was ordered to active duty, orders HR-7307-00012, effective 13 November 2017 for 317 days at Fort Hood, Texas, for contingency operation for active duty operational support (CO-ADOS) in support of Operation Enduring Freedom (OEF). He was authorized movement of dependents and household goods to Fort Hood. However, his wife who is a school teacher under contract, and his dependents, remained at their residence in Georgia. 2. Upon arrival at Fort Hood, on 29 November 2017, the applicant’s brigade commander submitted a request for amendment of the applicant’s HRC orders HR-7307-00012 to provide the applicant BAH based on his home of records in Georgia where his family resided. a. On 30 November 2017, the request was forwarded to the applicant’s command, the 75th Training Command. b. On 10 January 2018, the applicant requested from the Headquarters, Department of the Army, Deputy Chief of Staff, G-1 (HQDA DCS G1), a waiver to authorize the amendment to his orders for BAH. c. On 11 January 2018, the DCS G1 responded that the applicant had to apply in accordance with All Army Activities (ALARACT) Message 097/2016. d. On 28 June 2018, the applicants Brigade S-1 submitted the applicant’s BAH waiver request to HQDA DCS G1 including documentation that showed that the applicant’s spouse was a teacher in Georgia and under contract and therefore could not move. e. On 15 July 2018, the applicant emailed the HQDA DCS G1 to ask the status of his BAH waiver request. He stated that he had been advised several different ways to submit his request for BAH wavier since November 2017; since my 10 months mobilization orders were initiated incorrectly. His BAH residence address had also been recorded with the wrong zip code (a Killeen, Texas zip code) instead of his Georgia zip code causing him BAH pay issues. f. On 23 August 2018, the applicant again emailed the HQDA DCS G1 inquiring about his BAH waiver. g. On 24 August 2018, the HQDA DCS G1 issued a BAH Secretarial Waiver memorandum for the applicant effective 24 June 2018 ending 25 September 2018 for his Georgia zip code pursuant to his HRC orders HR-7307-00012. 3. The applicant, finding that the waiver started on 24 June 2018 instead of the date he was assigned to Fort Hood, 13 November 2017, applied to DFAS to correct this error. On 18 December 2018, DFAS replied by letter that they were unable to adjudicate his request for correction and that he would have to see his separating finance officer for resolution. The applicant had been placed on continuous active duty orders without a break in service from 13 November 2017 to 3 June 2019. 4. On 20 November 2018, the HQDA DCS G1 provided an advisory opinion that is it recommended not to approve a retroactive BAH waiver. The waiver BAH waiver granted on 24 August 2018 for the period of 24 June 2019 to 25 September 2018 was in compliance with ALARACT 097/2016, paragraph 14, which states that BAH waivers are effective the date the request is received at the HQDA DCS G1 office or the date the waiver is approved. This opinion was provided to the applicant for comment. The applicant provided additional documentation addressed in paragraphs 2 and 3. 5. It appears from the records and the evidence provided that the applicant initiated actions for BAH at the with-dependents rate for their Georgia residence beginning on 29 November 2017. He was given varying guidance by his command over time on how to apply for BAH waiver resulting in his wavier not being approved until 24 June 2018. 6. Not specifically related to the applicant’s BAH issue are orders that show that the applicant was continued on active duty for physical disability evaluation at the Fort Hood Warrior Transition Center through 3 June 2019. BOARD DISCUSSION: After review of the application and all evidence, the Board there is sufficient evidence to grant partial relief. The applicant’s contentions and advisory opinion were carefully considered. One Board member recommended he receive relief effective 10 January 2018, the date G1 received the request. The other two Board members agreed to recommend relief effective 30 November 2017, the date the applicant submitted the request through the unit. 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: 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 by showing he was authorized Basic Allowance for Housing (BAH) at the with-dependent rate from 30 November 2017 to 25 September 2018 based on his dependent’s residence in Georgia. 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. ADMINISTRATIVE NOTE(S): Not Applicable REFERENCES: 1. All Army Activities (ALARCT) Message 097/2016 (Basic Allowance for Housing (BAH), Overseas Housing Allowance (OHA), and Cost of Living (COLA) Secretarial Waiver Guidance, 4 November 2016. This message clarifies Secretarial waiver guidance for Soldiers to be considered to receive BAH, OHA, and COLA at other than the permanent duty station location under certain circumstances. The ALARCT states in pertinent part: a. The purpose of this guidance is to stabilize the Soldier's dependents for a relatively short period of time when circumstances require dependents to reside separately. b. Authorized for consideration under this guidance are circumstances require dependents to reside separately from the Soldier include spouse employment. Soldiers requesting a waiver due to the spouse’s contractual obligation, professional license reciprocity agreements, or other circumstances that may cause additional financial penalties due to early termination of employment can be considered. c. To request exceptions, soldiers may submit requests electronically to USARMY.PENTAGON.HQDA-DCS-G-1.MBX.DAPE-PRC@MAIL.MIL e. Waivers approved under this guidance are effective the date requests are received at HQDA, DCS G-1 or the date the waiver is approved. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180012521 5 1