IN THE CASE OF: BOARD DATE: 10 May 2022 DOCKET NUMBER: AR20210017007 APPLICANT REQUESTS: retroactive approval of Secretarial Waiver for Basic Allowance for Housing (BAH) from 31 March through 25 June 2021, at the "with dependent rate" and at dependents location in Virginia. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Email Traffic * School Statement * BAH Waiver Approval Memo, 17 June 2021 FACTS: 1. The applicant states his eligibility for a Dependent Education Basic Allowance for Housing (BAH) Secretarial waiver was approved by U.S. Army Human Resources Command (HRC) on 17 June 2021 after initiating the process on 7 April 2021. He is now being told "there is no authority being in place for a retroactive waiver being in place." The bottom line is that he wants his BAH from 31 March through 25 June to be at the dependent rate and at his dependents location in Virginia. This would have allowed some financial relief while his children finished their school year. There are a few facts that potentially caused the delay in his submission to the appropriate authority in reasonable time. He had just came over to Active Duty from the Army National Guard (ARNG) through the Call to Active Duty Program and at the time of transition, he was unaware of the Secretarial Waiver being available. Once he became aware of the Secretarial Waiver for BAH (at post in-processing), he immediately began going through the administrative processes in order to submit the applicable packets. This process began at his unit and was rejected because it required the Secretarial Waiver. He went to HRC to obtain the secretarial waiver and was again rejected due to the approval memo needing to come from G-1 Compensation and Entitlements Division. He has done everything that he could have done with the information he had. If he had the right information and the right points of contact from the start, he would have had no issue obtaining and executing the Secretarial Waiver. 2. Review of the applicant's service records shows: a. He had prior enlisted service in the ARNG from November 2000 to March 2008. He was then appointed as a Reserve commissioned officer of the Missouri Army National Guard (MOARNG) on 29 March 2008. b. He entered active duty on 23 January 2013, served in a variety of stateside and/or overseas assignments, and he was advanced to major (MAJ). c. On 16 December 2020, MOARNG issued him a Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter). d. He was honorably released from active duty and discharged from the ARNG on 30 March 2021. e. On or about 12 February 2021, he was issued permanent change of station (PCS) order A-02-10, reassigning him from Arlington, VA to Fort Hood, TX. f. He was relocated to Fort Hood, TX in April 2021, while his family had to stay behind in Virginia in order for his children to complete their school year. g. Around mid-May 2021, he submitted a request with supporting documentation for Secretarial Waiver to receive BAH at location other than current duty station location (Fort Hood, TX), based on his previous duty location Arlington, VA 22204. One of the supporting documents was a statement from his son's school principal who stated: (1) [Son] is currently enrolled at [Name] Middle School as a seventh grader. He receives specially designed instruction as a student with autism. Students with autism can experience difficulty with transitions and changes in routine. Changing schools during a school year could negatively impact the learning of a student with autism. (2) For this reason, it would be in the best interest of the student to finish out the school year at [Name] Middle School. h. On 17 June 2021, HRC informed him that effective as of his report date, his request for a policy waiver to continue to receive BAH based on his previous duty location Arlington, VA 22204 is approved through 30 June 2021 only. This waiver is granted pursuant to permanent change of station (PCS) order A-02-10 dated 12 February 2021 to allow his dependent to complete the school year. He must provide a copy of this waiver to his supporting finance office. He is also authorized dislocation allowance at the without-dependent rate, temporary lodging expense, and per diem for his travel only. He would not be entitled to family separation allowance or family separation housing during the period of this waiver. If he decided to move his dependents to his new duty station, if he submits a claim for reimbursement for costs incurred beyond the limited PCS entitlements, or if he does not reside separately from his dependents, this waiver becomes void, at which point he would be authorized BAH at the current rate for Fort Hood, TX 76845 only. Additionally, he cannot occupy family- type “government” quarters for which he is not required to pay rent at his gaining installation or his entitlement to a housing allowance will stop. 3. An advisory opinion was received from Military Pay Branch at the Army G-1, in the processing of this case. An advisory official stated: a. Based on a careful review of the facts surrounding this situation, Army G-1 recommends disapproval of this request for administrative relief. The applicant is seeking a Secretarial Waiver retroactive to the date h requested information from his command regarding the Army's Secretarial waiver process. b. In accordance with Army policy, HRC approved the applicant's request for Secretarial waiver with an effective date that office received his request. While it is understandable why he is requesting a waiver based on the date he requested information from his command, Army lawyers have consistently advised against retroactively approving waivers. Based on advice of legal counsel, the Deputy Assistant Secretary of the Army (Military Personnel) established Army policy for Secretarial waivers to be effective the date the request is either received or the date approved at Army G-1, HRC, Office of the Chief od Army Reserve, or Army National Guard. 4. The applicant was provided with a copy of this advisory opinion to give him an opportunity to submit a rebuttal. He did not respond. 5. The Army's Secretarial housing allowance waiver program stabilizes the Soldier's dependent for a temporary, period of time when circumstances require the dependents to reside apart from the Service Member. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. Although Board members sympathized with the applicant and his family's situation, waivers provided under this policy are based on the date requests are received at Headquarters, Department of the Army G-1 or date specified in the approval memorandum. Based on a preponderance of evidence, the Board determined that the waiver that the applicant received was not in error or unjust. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X: X: X: DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 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 for correction of the records of the individual concerned. 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: All Army Activities Message 009/2021, dated 14 November 2012, Subject: Implementation Guidance for the Basic Allowance For Housing (BAH), Overseas Housing Allowance (OHA), and Cots of Loving (COLA) Secretarial Waiver Program, provides for exception to policy guidance for basic allowance for housing (BAH) waivers. The intent is to provide temporary assistance to Soldiers and their families to ease the transition of a PCS move to a new permanent duty station in continental United States. The policy authorizes BAH at the "with dependent rate" and applies to cases such as deployment, Dependent education, Spouse employment, Exceptional family member program (EFMP), and/or Immediate family member with chronic or long term illness, . EFMP and medical consideration for Soldiers who have family members with exceptional needs or medical consideration that warrant leaving them at the previous duty station location temporarily due to continuity of care or services that cannot readily be provided, may be considered. Waivers provided under this policy are based on the date requests are received at Headquarters, Department of the Army G-1 or date specified in the approval memorandum. Waivers will expire no more than 180 days from the approval date or as specified in the approval memorandum. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210017007 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1