ARMY BOARD FOR CORRECTION OF MILITARY RECORDS 
RECORD OF PROCEEDINGS 
IN THE CASE OF:  BOARD DATE: 27 October 2021 DOCKET NUMBER: AR20200009879 
APPLICANT REQUESTS: reconsideration of his previous request for retroactive entitlement to Basic Allowance for Housing (BAH) based on his Permanent Duty Station (PDS), Camp Smith, New York. 
APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 
. DD Form 149 (Application for Correction of Military Record) 
. Orders Number 271-106, dated 27 September 2012 
. DD Form 2278 (Application for Do-it Yourself Move and Counseling Checklist), 
dated 7 August 2013 
. Lease Agreement, dated 1 September 2013 
. Orders Number 255-061, dated 12 September 2014 
. History Review document 
. Orders Number 280-043, dated 7 October 2013 
. DD Form 2278, dated 30 April 2015 
. Excerpt from Department of Defense (DOD) 7000.14-R (Financial Management 
Regulation) 
FACTS: 
1. 
Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20180000147 on 6 February 2020. 

2. 
The applicant states in pertinent part that his previous request was denied because the Board determined that he failed to provide evidence of completing a Permanent Change of Station (PCS) move with his dependents during any period covered by the provided orders. The applicant argues that he completed two PCS moves during the period that he was on orders, prior to deployment orders being issued as evidenced in his submitted documents. 

3. 
A review of the applicant's available service records reflects the following: 


a. On 17 May 2002, the applicant was appointed a Reserve commission. 
b. 
On 18 November 2009, the Office of the Adjutant General issued Orders Number 322-012 which ordered the applicant to Active Duty for Training (ADT) from 15 November 2009 – 28 March 2010. The applicant's Home of Record (HOR) at the time of assignment was in Niantic, Connecticut. 

c. 
On 11 March 2010, the Office of the Adjutant General issued Orders Number 070-013 ordering the applicant to ADT from 29 March – 30 September 2010. 

d. 
On 18 June 2010, the Office of the Adjutant General issued Orders Number 169-034 ordering the applicant to Full-Time National Guard (FTNG) duty, under the provisions of Title 32 United States Code (USC), section 502, from 15 June 2010 – 30 September 2011 with a duty location at the New York City Region Headquarters, New York, NY 10037. The applicant was married with 1 dependent and further authorized the shipment/storage of household goods for no more than 1 year. The applicant's HOR at the time of assignment was in Courtlandt Manor, NY. 

e. 
On 27 September 2012, the Office of the Adjutant General issued Orders Number 271-106 ordering the applicant to FTNG duty from 1 October 2012 ­30 September 2013. Shipment/storage of household goods was authorized. The applicant's HOR at the time of assignment remained in Courtlandt Manor, New York. 

f. 
On 7 October 2013, the Office of the Adjutant General issued Orders Number 280-043, continuing the applicant on FTNG duty from 30 September 2013 – 30 September 2014 with assignment at the Counterdrug Headquarters, Scotia, NY 12302. The applicant's HOR at the time of assignment was in Troy, NY. Shipment/storage of household goods was authorized. 

g. 
On 1 August 2016, the Office of the Adjutant General issued Orders Number 214-043, ordering the applicant to FTNG duty from 1 September 2016 – 30 September 2017 with duty in Scotia, NY. The applicant's HOR at the time of assignment was in Utica, NY. Shipment/storage of household goods was authorized. 

h. 
On 3 August 2017, the Office of the Adjutant General issued Orders Number 215­036, amending Orders Number 214-043 converting the applicant from Title 32 USC to Title 10 USC deployment to overseas and would revert to Title 32 USC upon his return from overseas. The applicant's HOR at the time of assignment was in Niagara Falls, NY. 

j. 
On 25 September 2017, the Office of the Adjutant General issued Orders Number 36-268-0005 ordering the applicant to active duty for mobilization/deployment in support of the Atlantic Resolve – European Reassurance Initiative. Movement of household goods and dependents was not authorized. He was ordered to active duty in a 


Temporary Change of Station (TCS) status. This was a Title 10 USC mobilization. His HOR was New Milford, Connecticut. 
k. 
On 30 September 2017, the applicant was honorably released from active duty. DD Form 214 (Certificate of Release or Discharge from Active Duty) reflects continuous active duty service from 30 November 2009 – 30 September 2017 (7 years, 10 months, and 1 day). Item 18 (Remarks) reflects that he was released from active duty to continue on active duty in another status. His HOR reflects New Milford, Connecticut.  

l. 
On 30 October 2017, Headquarters, U.S. Army Garrison, Fort Bliss, TX, issued Orders Number BL-303-0174, deploying the applicant in a TDY status in support of Atlantic Resolve – European Reassurance Initiative (Ukraine) for a period not to exceed 332 days. 

m. 
On 24 August 2018, the applicant was honorably released from active duty and returned to his ARNG unit. DD Form 214 reflects continuous active duty service from 1 October 2017 – 24 August 2018. (10 months and 24 days). 


4. The applicant provides the following a: 
a. 
DD Form 2278 (Application for Do-it Yourself Move and Counseling Checklist) dated 7 August 2013, reflective of the applicant's request to perform a "Do-it Yourself (DITY) move from New Milford, Connecticut to Ballston Spa, NY (approximately 121 miles). Item 4e. (Orders Number) reflects that this relocation is authorized by Orders Number 119-0055 issued on 9 July 2013; the applicants records are void of these orders nor were they submitted with this request. The document is also void of endorsement. 

b. 
Lease Agreement, dated 1 September 2013, reflective of the applicant leasing a property (Detached House) in New Milford, Connecticut for a period of 2 years, terminating on 1 September 2015. 

c. 
Orders Number 255-061, dated 12 September 2014, reflective of Orders Number 280-043, issued by the Office of the Adjutant General being amended the reflect the line of accounting being utilized to fund the applicant's period of Active Duty for Special Work (ADSW) period of duty. 

d. 
History Review document reflective of previous payment received by the applicant during Fiscal Year 2014. 

e. 
DD Form 2278, dated 30 April 2015, reflective of the applicant's request to perform a "DITY move from Ballston Spa, NY to New Milford, Connecticut (approximately 121 miles). Item 4e. (Orders Number) reflects that this relocation is 


authorized by Orders Number 119-055 issued on 29 April 2015; the applicants records are void of these orders nor were they submitted with this request. The document is also void of endorsement. 
f. Excerpt from Department of Defense (DOD) 7000.14-R (Financial Management Regulation) reflective of the applicant highlighting the guidance in Section 2605 (Basic Allowance for Housing) wherein it provides in pertinent part that the "the BAH rate for a Reserve Component (RC) member is also protected, provided the RC member does not have a break in active service of 1 or more calendar days. This includes transitions in service status from Active Guard Reserve (AGR) duty to other active duty and back to AGR duty, or beginning a new active duty order or order extension without a break in active service." 
5. On 6 February 2020, Docket Number AR20180000147, 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, the series of 
orders issued to him, the location of his dependents, the specific instructions on the orders he requests changed and his location when ordered to active duty by the subject orders. The Board considered the criteria for BAH as stated in Joint Travel Regulations (JTR), the applicant’s assertion of an error in the JTR pertaining to Counter Drug operations and his BAH waiver requests. Based on a preponderance of evidence, the Board determined that the applicant’s BAH change was not in error or unjust. The Board therefore found that relief was not warranted. 
BOARD DISCUSSION: 
After reviewing the application and all supporting documents, the Board found that relief was not warranted. The Board carefully considered the applicants request, supporting 
documents and evidence in the records. The Board considered the applicant’s 
statement, his military service record and regulatory guidance. The Board considered the applicant’s statement and his record of service and documents provided by the applicant. The Board determined the applicant didn’t provide orders and his records were absent enough information to accurately make a determination if there was an error or injustice. Based on the governing regulation for the Joint Travel Regulation the Board agreed the criteria for a BAH waiver was not warranted. Therefore, the Board denied relief. 
BOARD VOTE: 
Mbr 1 Mbr 2 Mbr 3 
: : : GRANT FULL RELIEF 
: : : GRANT PARTIAL RELIEF 
: : : GRANT FORMAL HEARING 
XXX XX XXX DENY APPLICATION 
BOARD DETERMINATION/RECOMMENDATION: 
The Board found 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 to amend the decision of the ABCMR set forth in Docket Number AR20180000147 on 6 February 2020. 
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. 
REFERENCES: 
1. ALARACT Message Number 097/2016, dated 4 November 2016 (Expired on 4 November 2017), clarifies secretarial waiver guidance for Soldiers to receive BAH at other than the PDS location under certain circumstances. 
a. The purpose of the guidance was to stabilize the Soldier’s dependents for a relatively short period of time when circumstances require dependent’s to reside separately. It is intended to provide temporary assistance to Soldier’s and their families to ease the transition of a PCS move to the new PDS in the Continental United States (CONUS) or OCONUS. The guidance applies to Active Duty (AD) Soldiers (Title 10 and title 32 USC) authorized BAH at the with-dependent rate. The guidance applies to Active Duty Soldiers with dependents whose dependents reside with them at the previous duty station prior to departing on PCS or at Government approved designated locations. 
b. 
To be eligible for consideration of a waiver, Soldiers’ 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. Previous duty station is defined as the location of the last duty station in which shipment of household goods at Government expense was authorized. 

c. 
The following circumstances qualify for consideration of a Secretarial BAH waiver: 


. Low/no cost permanent change of station . Professional military education . Deployment – Soldiers who receive permanent change of station orders to 
units deploying within 12 months of their arrival to the new duty station . Dependent education . Spouse employment – spouses who require a temporary delay to travel to the 
new duty station due to contractual obligation, professional license reciprocity agreements, or other circumstances that may cause additional financial penalties due to early termination 
. Exceptional family member program . Advance travel of dependents . Acquired dependent . Soldiers assigned to Korea 
2.  JTR chapter 10, table 10A-1/3 (Housing Allowance) and (Dates to Start and Stop BAH) states BAH will start at the with-dependent rate at the time the member enters on active duty and will stop at 2400 hours the day the member is discharged or released from active duty. The home of record is the place recorded as the individual’s home when ordered into a tour of active duty. 
//NOTHING FOLLOWS//