ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


                  IN THE CASE OF:  

                  BOARD DATE:  2 July 2020

                  DOCKET NUMBER:  AR20190004186


APPLICANT REQUESTS:  back payment of Basic Allowance for House (BAH) from the 
date of her marriage to the end of her active duty initial training.

APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:  

*	DD Form 149 (Application for Correction of Military Record)
*	order to initial active duty training
*	DD Form 214 (Certificate of Release or Discharge of Active Duty)
*	discharge orders
*	Authorization to Start BAH
*	marriage certificate
*	emails regarding change in status

FACTS:

1.  The applicant states:

	a.  She was never paid BAH for having a dependent while she was attending 
training.  She went through her chain of command and turned in her paperwork, but 
they didn't submit it until after she was discharged.

	b.  She was in the North Carolina, Army National Guard (ARNG).  Her state told her 
to contact Fort Jackson, South Carolina where her training was located to get them to 
pay her.  She was told only the state could pay her.  

	c.  She included emails and paperwork for the Board's consideration of the struggles 
she has been through in trying to get this resolved.  It's been over a year and a half and 
she is still getting the run around.  She just wants the money she should have received 
for BAH while she was in training.

	d.  She was discharged from active duty on 7 July 2017 but discharged from the 
ARNG on 31 July 2017.

	e.  She reported to basic training on 7 February 2017.  She was sent home on 
convalescent leave for hurting her hip during a ruck march.  During that time, on 
13 April 2107, she got married.  Her unit noncommissioned officer (NCO) told her she 
was authorized BAH with dependents.  She turned in all of her documentation to her but 
it wasn't processed.

	f.  She checked MyPay through the Defense Finance and Accounting Service 
(DFAS) and noticed her pay had not changed.  She never received BAH with 
dependents.  This was also confirmed through her state finance office.  By that time, 
she was already discharged and her state finance office said since she was discharged 
and out of their system they could not get her paid.  She finally got in touch with 
someone to help her in January 2019 and she was told to apply to the Board for 
correction.  She asks the Board to please help as she is suffering a hardship right now 
and this would help her.  

2.  The applicant's service records contain an NGB Form 22 (Report of Separation and 
Record of Service) which shows the applicant was discharged from the ARNG on 
31 July 2017 with 10 months and 1 day of service.  She was discharged because she 
was medically unfit at time of appointment.  

3.  The applicant's service records are void of documentation pertaining to payment or 
nonpayment of BAH.

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

	a.  Orders 7038081, published by Military Entrance Processing Station, dated 
12 January 2017, which states the applicant was to report to basic training on 
7 February 2017.  

	b.  A DD Form 214 which shows the applicant was released from active duty 
effective 7 July 2017 with 5 months and 1 day of active duty service.  She was released 
for a condition not a disability.  

	c.  Orders 345-907, published by Department of Public Safety, Joint Force 
Headquarters, dated 11 December 2017 which discharge the applicant from the ARNG 
effective 31 July 2017.

	d.  A DA Form 5960 (Authorization to Start, Stop, or Change BAH), dated 
11 September 2017 showing she and her spouse were married on 13 April 2017 and 
requesting the start of BAH with dependents.

	e.  A North Carolina Marriage Certificate which shows she and her spouse were 
married on 13 April 2017.

	f.  Email correspondence showing the applicant's attempt to correct her BAH and her 
unit and DFAS' responses.  

5.  In the processing of this case, an advisory opinion was obtained on 11 May 2020, 
from the Deputy 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 was married on 13 April 2017 and separated on 
7 July 2017.  DFAS validated the applicant did not receive a with-dependent housing 
allowance based on her spouse's location and is authorized to receive a with-dependent 
BAH from 13 April 2017 through 7 July 2017.  A copy of the complete advisory opinion 
has been provided to the Board for their review and consideration.

6.  A copy of the advisory opinion was sent to the applicant on 25 May 2020.  She did 
not respond.

7.  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, her record of 
service and the reason for her separation.  The Board considered the review and 
conclusions of the advising official and concurred that the applicant was entitled to BAH 
that she did not receive.  Based on a preponderance of evidence, the Board determined 
that a correction to the applicant’s record was required.

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





















BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:XXX	:XXX	:XXX	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 by:

-	Showing that the applicant was entitled to receive BAH at the with-dependent 
rate from the date of her marriage on 13 April 2017 to the date of her separation 
on 7 July 2017, based on her spouses location, and;
-	paying any money due to the applicant 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)		AR20190004186
5