IN THE CASE OF: BOARD DATE: 7 September 2022 DOCKET NUMBER: AR20220000549 APPLICANT REQUESTS: retroactive backpay of the Basic Allowance for Housing (BAH) approved waiver to reflect rather than and an extension from 10 months to 2 years. A personal appearance before the Board. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * House Listing, dated 2 October 2017 * Orders Number HR-7325-00024, dated 2 November 2017 * DA Form 5960 (Authorization to Start, Stop, or Change Basic Allowance for Quarters (BAQ) and/or Variable Housing Allowance (VHA)), dated 7 December 2017 * School Letter * DD Form 93 (Record of Emergency Data), dated 15 December 2017 * Realtor Letter for Rental Property * Lease Agreement, dated 15 December 2017 * Memorandum for Basic Housing Allowance (BAH) Waiver Request, dated 15 April 2018 * Office of the Deputy Chief of Staff, G-1, Waiver Approval, dated 2 August 2018 * Leave and Earnings Statement (LES), dated 15 November 2018 * Orders Number HR-7325-00024A04, dated 24 August 2020 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 in pertinent part, that upon receiving active duty orders for Shaw Air Force Base, SC, he requested the waiver for the address where his family would stay located at from 2017-2019 while he was on active-duty. The Office of the Deputy Chief of Staff, G-1, approved his request for BAH for a period of 10 months at the location listed on his orders, which was an incorrect address and temporary location of a friend while they were preparing to move to the address in . He has requested the BAH waiver to be corrected to reflect the address in and extended from 10 months to 2 years covering 2017-2019. After several communications with the Individual Ready Reserve (IRR), G-1, and the Compensation and Entitlements Division his communications stopped receiving response. Due to delays from a deployment to Saudi Arabia from December 2019 to July 2020 and the delays from COVID-19, he has not been able to receive a resolution to his requests. 3. A review of the applicant's service records show the following: a. On 12 April 1992, he was appointed a commission with the U.S. Army Reserve and executed an oath of office. b. On 21 November 2017, Orders Number HR-7325-00024 issued by the U.S. Army Human Resources Command (HRC), was issued attaching him to Headquarters and Headquarters Main Command Post, Shaw Air Force Base, SC for a period of 298 days with a report date of 7 December 2017. These orders show his address as . The orders also state "service member has elected permanent change of station move during this assignment and is authorized movement of dependents and household goods." c. On 26 September 2018, Orders Number HR-7325-00024A01 issued by HRC amended Orders Number HR-7325-00024, amending the tour length from 30 September 2018, 298 days to 29 November 2018, 358 days. d. On 2 October 2018, Orders Number HR-7325-00024A02 issued by HRC amended Orders Number HR-7325-00024, amending the tour length from 29 November 2018, 358 days to 31 July 2019, 602 days. e. On 27 June 2019, Orders Number HR-7325-00024A03 issued by HRC amened Orders Number HR-7325-00024, amending the tour length from 31 July 2019, 602 days to 29 September 2019, 662 days. f. On 24 August 2020, Orders Number HR-7325-00024A04 issued by HRC amended Orders Number HR-7325-00024, amended the applicant's address from to . g. On 28 January 2022, Orders Number C-01-201969 issued by HRC reassigned the applicant to the Retired Reserve by reason of max years of service. 4. The applicant provides the following a: a. House listing dated 2 October 2017 reflective of the 12 month lease rental property located in . b. DA Form 5960 dated 7 December 2017 reflecting his request for BAH for the address at . His duty location was Shaw Air Force Base. c. School Letter from Academy of Progressive Education describing the attendance of his dependent child for the 2017-2018 school year. d. DD Form 93 dated 15 December 2017 reflective of his emergency contact, dependents located at. e. Realtor letter for rental property describing the circumstances for the delay in move in foe the applicant and his family to rent the home listed in starting in December 2017. e. Lease agreement dated 15 December 2017 reflecting the rental agreement for the property located at for a period of 12 months. f. Memorandum for BAH request, dated 15 April 2018 for waiver and allowance for BAH at the with dependent rate his family to remain in from December 2017 through September 2018 due to his dependent children's school attendance from the location in which he was ordered to active duty. g. Office of the Deputy Chief of Staff, G-1, Memorandum of approval dated 2 August 2018, for the applicant's request for BAH waiver for dependents located in through 30 September 2018. h. LES dated 15 November 2018 showing the BAH payment adjusted for dependents to the state of for the period 1 August 2018 through 30 September 2018. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found the relief was warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s petition, available military records, and Office of the Deputy Chief of Staff, G-1, advisory, the Board concurred with the advising officials recommending policy waiver to receive BAH based on dependent location be approved. Based on this, the Board granted relief for retroactive backpay of the Basic Allowance for Housing (BAH) approved waiver to reflect rather than and an extension from 10 months to 2 years 2. The applicant’s request for a personal appearance hearing was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 X X X 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 approving the applicant’s request for retroactive backpay of the Basic Allowance for Housing (BAH) approved waiver to reflect rather than and an extension from 10 months to 2 years. 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 3-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 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Department of Defense Financial Management Regulation, Volume 7A, Chapter 26 (Basic Allowance for Housing (BAH) provides that effective 1 January 1998, in general, BAH provides members a monthly allowance for housing. This allowance is authorized for members with and without dependents. Basic Allowance for Housing is intended to pay only a portion of housing costs. Basic Allowance for housing will consist of BAH, BAH-II, BAH Difference (BAH-DIFF), Partial BAH, Overseas Housing Allowance (OHA), and Family Separation Housing (FSH). Basic Allowance for Housing also consists of the former allowances known as Basic Allowance for Quarters (BAQ) and Variable Housing Allowance (VHA). 3. All Army Activity Message Number 097-2016 states the message clarifies Secretarial waiver guidance for Soldiers to be considered to receive BAH at other than the permanent duty station location under certain circumstances. The purpose of the guidance is to stabilize the Soldier's dependents for a relatively short period of time when circumstances require dependents to reside separately. Paragraph 6.C.2, states Soldiers who have dependents in educational programs they do not wish to disrupt may be considered. Under this category, dependent children will be considered in order to allow them to complete the current grade school year, or junior and senior high school graduation requirements. Dependent spouses will be considered in order to allow them to complete their current paid school term. A signed letter from the educational institution verifying enrollment, end of school year, and the anticipated graduation date must accompany the request. 4. Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2- 11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. //NOTHING FOLLOWS//