IN THE CASE OF: BOARD DATE: 3 January 2024 DOCKET NUMBER: AR20230008168 APPLICANT REQUESTS: in effect, entitlement determination to receive Basic Allowance for Housing (BAH) and Overseas Housing Allowance (OHA) during her service in Vincenza, Italy. An audit of her leave record. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: •DD Form 149 (Application for Correction of Military Record)•U.S. Army Human Resources Command (HRC) Orders Number HR-5258-00022•U.S. Army Reserve (USAR) Sustainment Command Orders Number 16-210-00006•Office of the Deputy Chief of Staff G1 Memorandum, Subject: OHA Secretarial Waiver – Chief Warrant Officer Three (CW3) , (the applicant)•Entitlement payment spreadsheet•E-mails between the applicant and the U.S. Army Reserve Command (USARC)•DA Form 2142 (Pay Inquiry)•Defense Joint Military Pay System - Reserve Component (DJMS-RC) Leave Master – Leave Taken•Leave and Earnings Statements (LES) for check dated:•1 December 2015•12 August 2016•1 September 2016•2 September 2016•7 September 2016•9 September 2016•15 September 2016•21 September 2016•23 September 2016•28 September 2016•30 September 2016•31 March 2017•14 April 2017•1 May 2017•3 May 2017 •10 May 2017 •15 May 2017 •19 May 2017 •1 June 2017 •2 June 2017 •15 June 2017 •30 June 2017 •14 July 2017 •1 August 2017 •15 August 2017 •1 September 2017 •6 September 2017 •15 September 2017 •29 September 2017 •11 October 2017 •13 October 2017 •15 November 2017 •Housing allowance article FACTS: 1.The applicant did not file within the 3-year time frame provided in Title 10, U.S. 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 theinterest of justice to excuse the applicant's failure to timely file. 2.The applicant states in effect, she requests an entitlements determination to receiveBAH and OHA during her service in Vincenza, Italy, and an audit of her leave recordsfor accuracy. When she was assigned to the 207th Military Intelligence Brigade inVincenza, Italy, she was told a USAR Soldier on active duty was not allowed to receiveOHA and BAH at the same time. Though she was required to live off post and tomaintain her residence in Columbus, OH. Based on an article in the 22 September 2021issue of Stars and Stripes, she feels the Board should review her financial record todetermine her entitlement to receive BAH and OHA at the same time. 3.The applicant's request for the audit of her leave records is not under the purview ofthe Board and will not be considered. The applicant will have to request an auditthrough the U.S. Army Reserve Command. 4.A review of the applicant's service record shows: a.With prior Regular Army (RA), U.S. Army Reserve, and Army National Guard(ARNG) enlisted service, on 2 September 2008, the applicant executed her oath of office and was appointed as a Warrant Officer One (WO1)/W1 in the ARNG and was granted temporary Federal recognition. b.On 30 September 2008, Orders Number 274-058, issued by the State of OHAdjutant General's Department, the applicant was ordered to active duty for special work, effective 1 October 2008. c.On 12 February 2009, Orders Number 043-201, issued by the State of OHAdjutant General's Department, the applicant was ordered to Active Duty for Training (ADT), effective 1 April 2009. d.On 3 April 2009, Special Orders Number 79, issued by the National GuardBureau (NGB), the applicant was appointed in the ARNG in the rank of WO1, effective 2 September 2008 and was extended Federal recognition. e.On 9 October 2009, Orders Number 282-016, issued by the State of OH AdjutantGeneral's Department, the applicant was ordered to ADT, effective 29 November 2009, to attend the Warrant Officer Basic Course. f.On 3 December 2009, Orders Number 337-002, issued by the State of OHAdjutant General's Department, the applicant was ordered to Full Time National Guard Duty – Operational Support (FTNGD-OS), effective 13 February 2010. g.On 27 September 2010, Orders Number 270-249, issued by the State of OHAdjutant General's Department, the applicant was ordered to FTNGD-OS, effective 1 October 2010. h.On 30 September 2011, the applicant was honorably released from active duty.DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the applicant completed 3-years of active service. i.On 18 May 2015, the applicant was honorably released from the ARNG andassigned to a USAR Troop Program Unit. NGB Form 22 (Report of Separation and Record of Service) shows the applicant completed 13-years, 13-months, and 18-days of service. j.On 19 May 2015, the applicant executed an oath of office and was appointed aReserve warrant officer in the rank of Chief Warrant Officer Three (CW3). k.On 21 May 2015, Special Orders Number 102, issued by the NGB, the applicant'sFederal recognition was withdrawn. l.On 15 September 2015, Orders Number HR-5258-00022, issued by HRC, theapplicant was ordered to active duty for operational support, effective 1 October 2015 with duty in Vicenza, Italy, for 366-days to terminated on 30 September 2016. Orders Number HR-5258-00022A01 amended Orders Number HR-5258-00022 changing the tour length from 366 days to 364 days with an end date of 28 September 2016. Orders Number HR-5258-00022A02 amended Orders Number HR-5258-00022 changing the tour length from 364 days to 212 days with an end date of 29 April 2016. The additional instructions stated the assignment was an unaccompanied Permanent Change of Station (PCS) assignment and the movement of household goods was not authorized. These orders show the applicant's home in Columbus, OH. m.On 29 April 2016, the applicant was honorably released from active duty. DD Form 214 shows the applicant completed 6-months and 29-days of active service. n.On 17 May 2021, the informal Physical Evaluation Board found the applicantphysically unfit for retention and recommended she be placed on the Permanent Disability Retired List (PDRL) with 40 percent disability. o.On 8 June 2021, Orders Number 159-0285, issued by Headquarters, U.S. ArmyGarrison, Fort Bragg, the applicant was placed on the PDRL, effective 29 August 2021 with 40 percent disability. p.On 28 August 2021, the applicant was honorably retired from active duty andassigned to the USAR Control Group (Retired Reserve). DD Form 214 shows the applicant completed 1-year, 9-monhts and 7-days of active service. 4.The applicant provides: a.Office of the Deputy Chief of Staff G-1 Memorandum, Subject: OHA SecretarialWaiver – CW3 , , (the applicant) which shows the applicant was approved for an exception to policy to continue to receive OHA for her Permanent Duty Station (PDS) in Vicenza, Italy, for the period of 15 April through 30 September 2016. Her PCS from her primary residence in Columbus, OH, to Vicenza, Italy, did not authorize the movement of household goods. Therefore, an inequity existed that would warrant OHA based on her PDS. b.Entitlement payment spreadsheet shows the applicant received OHA: •Move-in Housing Allowance (MIHA) for the period of 9 through 30 November 2015 in the amount of $852.80 •OHA and MIHA for the period of 9 through 30 November 2015 in the amount of$1, 401.71•OHA for the period of 1 December 2015 through 29 April 2016 in the amount of$7,554.99 •BAH for the period of 1 October 2015 through 14 April 2016 in the amount of$8,280.30 •BAH Type II for the period of 15 through 29 April 2016 in the amount of $501.75 A handwritten note stated the applicant did not receive Temporary Lodging Allowance for the period of 21 through 28 April 2016 in the amount of $811.20 due to the debt was not resolved. c.E-mails: (1)On 6 October 2015, the applicant was informed that USARC stated CONUS BAHwas not authorized for single Soldiers without dependents on PCS. A course of action suggested would be to have her orders amended to return her back to her residence. (2)On 14 October 2015, the applicant was advised by her career manager thatReserve Component Soldiers on PCS unless called to active duty for other than training was because of unusual or emergency circumstances or exigencies of the service concerned the Secretarial process authorized Per Diem. (3)On 4 November 2015, the Financial Management Support Unit (FMSU) advisedthe applicant's unit the policy had changed which did not allow them to process OHA. To process the request the unit must submit the packet on a transmittal letter to USARC for processing. (4)On 16 November 2015, the applicant was advised the OHA would be coded inthe system once her lease agreement was received and should be reflected on the 1 December LES. (5)On 24 April 2016, the applicant provided the FMSU a request to stop OHAeffective 20 April 2016 as her orders were amended to end on 29 April 2016. She also inquired on the status of her leave forms for the periods of: •17 through 29 February 2016 •31 March through 7 April 2016 (6)On 25 April 2016, the applicant inquired with the FMSU if the BAH and OHA onher LES was correct. She also requested her unprocessed leave forms be reconciled as her LES reflected that she used 13-days leave with a leave balance of 1.5-days. (7)On 20 April 2017, USARC informed the applicant the overpayments did notmatch the debts that were established and it appeared there should have been an additional debt in the amount of $452.92. This needed to be validated as her debts were lumped together and listed as other overpayment. The debts included PHA and Cost of Living Allowances (COLA). She was entitled to the COLA but the OHA should be collected. d.DA Form 2142 dated 29 September 2016 which shows an inquiry regarding: •Adjustment pay: basic pay $195.75 for 29 February 2016 •Adjustment pay: COLA without dependent $28.54 for 29 February 2016 •Adjustment pay: officer Basic Allowance for Subsistence (BAS) $8.45 for 29 February 2016 •Adjustment pay: BAH without dependent $43.40 for 29 February 2016 •Pay and allowance debt: debt balance $80.39 / original debt $80.39 for 29 February 2016 •Original debt $211.97 for 29 February 2016/excess leave penalty-taxabledebt balance $211.97 •Pay and allowance debt: debt balance $00.00/original debt $28.54 for 31 March 2016 •Pay and allowance debt: debt balance $413.14/original debt $413.14 for 1 April 2016 to 14 April 2016 •Basic pay debt balance $2.755.61/original debt $2.755.61 for 1 through 13 April 2016 •Pay and allowance debt: debt balance $1,325.92/original debt $1,325.92 for 1 through 13 April 2016 •Excess leave penalty-taxable debt balance $211.97/original debt $211.97 for 14 April 2016 •Excess leave penalty non-taxable debt balance $101.99/original debt $101.99for 14 April 2016 •Basic pay debt balance $211.00/original debt $211.00 for 14 April 2016 •Pay and allowance debt: debt balance $199.00/original debt $199.00 for 14 April 2016 •Basic pay debt balance $00.00/original debt $00.97 for 14 April 2016 •Pay and allowance debt: debt balance $00.00/original debt $00.10 for 14 April 2016 •Pay and allowance debt: debt balance $413.14/original debt $413.14 for 1 through 14 April 2016 •How many times can pay and allowances be counted as a debt? e.DJMS-RC Leave Master shows the applicant took leave on: •9 through 10 November 2015 and was charged 2-days of leave •29 December 2015 and was charged 1-day of leave •17 through 29 February 2016 and was charged 13-days leave •1 through 14 March 2016 and was not charged leave •Total chargeable leave was 16-days f.LES for check dated 1 December 2015 shows the applicant was paid $651.00 forBAH and $2,254.51 for other credits and $1,670.95 was deducted for a debt payment. It also shows: •recoupment advance pay debt balance $00.00 •original debt $892.96 for 30 October 2015 •recoupment advance pay debt balance $00.00 •original debt $777.99 for 9 November 2015 •unpaid debt balance total $00.00 •adjustment pay: non-taxable $2,254.51 for 9 November 2015 •paid OHA and MIHA $2,254.51 for 9 through 31 November 2015 g.LES for check dated 12 August 2016 shows: •pay and allowances debt: debt balance $1,353.36, original debt $1,353.36 for 16 through 30 November 2015 •pay and allowances debt: debt balance $940.84, original debt $940.84 for 1 through 15 March 2016 •pay and allowances debt: debt balance $927.49, original debt $927.49 for 1 through 15 February 2016 •pay and allowances debt: debt balance $901.48, original debt $901.48 for 1 through 15 January 2016 •pay and allowances debt: debt balance $896.89, original debt $896.89 for 16through 30 January 2016 •pay and allowances debt: debt balance $896.89, original debt $896.89 for 16through 30 February 2016 •pay and allowances debt: debt balance $876.23, original debt $876.23 for 16through 30 December 2015 •pay and allowances debt: debt balance $870.77, original debt $870.77 for 1through 15 December 2015 •pay and allowances debt: debt balance $852.80, original debt $852.80 for 9through 30 November 2015 •pay and allowances debt: debt balance $452.52, original debt $452.52 for 1through 10 October 2015 •pay and allowances debt: debt balance $452.52, original debt $452.52 for 11through 20 October 2015 •pay and allowances debt: debt balance $452.52, original debt $452.52 for 21through 30 October 2015•pay and allowances debt: debt balance $446.00, original debt $446.00 for 9through 15 November 2015 •pay and allowances debt: debt balance $413.14, original debt $413.14 for 1through 14 April 2016 •pay and allowances debt: debt balance $408.75, original debt $408.75 for 16through 30 March 2016 •pay and allowanced debt: debt balance $362.02, original debt $362.02 for 1through 8 November 2015 •basic pay debt balance $2,967.58, original debt $2,967.58 for 1 through 14March 2016 •pay and allowances debt: debt balance $1,154.08, original debt $1,154.08 for1 through 14 March 2016 •excess leave penalty-taxable: debt balance $317.95, original debt $317.95 for 14 March 2016 •excess leave penalty non-taxable: debt balance $123.64, original debt$123.64 for 14 March 2016 •unpaid debt balance total $16,067.47 •adjustment pay: BAH without dependents $607.60 for 1 through 14 March2016 •adjustment pay officer BAS $118.36 1-14 March 2016 •adjustment pay Cost of Living Adjustment without dependent 428.12 1-14 March 2016 •adjustment pay: basic pay $2,740.56 for 1 through 14 March 2016 •original debt $317.95 suspended contact servicing finance office for details •original debt $2,967.58 suspended contact servicing finance office for details •original debt $1,154.08 suspended contact servicing finance office for details •original debt $123.64 suspended contact servicing finance office for details h.LES for check dated 1 September 2016 shows the applicant was paid $637.50for BAH, it provides the same information as shown in the LES ending on 12 August 2016. i.LES for check dated 2 September 2016 shows the applicant was paid $637.50 forBAH, it also shows the same information as shown in the LES ending on 1 September 2016 with the addition of charged leave for the period of 31 March through 14 April 2016. j.LES for check dated 7 September 2016 shows the applicant was paid $637.50 forBAH, it also shows the same information as the LES ending on 2 September 2016 with the addition of: •unpaid debt balance total $20,783.85 •adjustment pay: BAH without dependent $43.40 for 29 February 2016 •adjustment pay: OHA without dependent $383.63 for 1 through 13 April 2016 •adjustment pay: BAH type II without dependent $434.85 for 1 through 13 April2016 k.LES for check dated 9 September 2016 shows the same information as the LESending on 7 September 2016 with the addition of: •excess leave penalty taxable, debt balance $211.97, original debt $211.97 for14 April 2016 •excess leave penalty non-taxable, debt balance 101.99, original debt $101.99for 14 April 2016 •pay and allowances debt: debt balance $80.39, original debt $80.39 for 29February 2016 •pay and allowances debt: debt balance $28.54, original debt $28.54 for 31March 2016 •unpaid debt balance total $20,783.85 •adjustment pay: OHA without dependent $29.51 for 14 April 2016 •adjustment pay: BAH type II without dependent $33.45 for 14 April 2016 l.LES for check dated 15 September 2016 shows the applicant was paid $637.50for BAH and $121.68 was deducted for debt payment, it also shows: •pay and allowances debt: debt balance $1,353.36, original debt $1,353.36 for 16 through 30 November 2015 •pay and allowances debt: debt balance $940.84, original debt $940.84 for 1 through 15 March 2016 •pay and allowances debt: debt balance $927.49, original debt $927.49 for 1 through 15 February 2016 •pay and allowances debt: debt balance $901.48, original debt $901.48 for 1 through 15 January 2016 •pay and allowances debt: debt balance $896.89, original debt $896.89 for 16through 30 January 2016 •pay and allowances debt: debt balance $896.89, original debt $896.89 for 16through 30 February 2016 •pay and allowances debt: debt balance $876.23, original debt $876.23 for 16through 30 December 2015 •pay and allowances debt: debt balance $870.77, original debt $870.77 for 1through 15 December 2015 •pay and allowances debt: debt balance $852.80, original debt $852.80 for 9through 30 November 2015•pay and allowances debt: debt balance $452.52, original debt $452.52 for 1through 109 October 2015 •pay and allowances debt: debt balance $452.52, original debt $452.52 for 11through 20 October 2015 •pay and allowances debt: debt balance $452.52, original debt $452.52 for 21through 30 October 2015 •pay and allowances debt: debt balance $446.00, original debt $446.00 for 9through 15 November 2015 •pay and allowances debt: debt balance $413.14, original debt $413.14 for 1through 14 April 2016 •pay and allowances debt: debt balance $408.75, original debt $408.75 for 16through 30 March 2016 •pay and allowanced debt: debt balance $362.02, original debt $362.02 for 1through 8 November 2015 •basic pay debt balance $2,967.58, original debt $2,967.58 for 1 through 14March 2016 •pay and allowances debt: debt balance $1,154.08, original debt $1,154.08 for1 through 14 March 2016 •excess leave penalty-taxable: debt balance $317.95, original debt $317.95 for14 March 2016 •excess leave penalty non-taxable: debt balance $123.64, original debt$123.64 for 14 March 2016 •basic pay, debt balance $2,755.61 for 1 through 13 April 2016 •pay and allowances debt: debt balance $1,325.92, original debt $1,325.92 for1 through 13 April 2016 •basic pay: debt balance $211.97, original debt $211.97 for 29 February 2016 •excess leave penalty taxable, debt balance $211.97, original debt $211.97 for14 April 2016 •excess leave penalty non-taxable, debt balance 101.99, original debt $101.99for 14 April 2016 •pay and allowances debt: debt balance $00.00, original debt $80.39 for 29February 2016 •pay and allowances debt: debt balance $00.00, original debt $28.54 for 31March 2016 •basic pay: debt balance $211.00, original debt $211.00 for 14 April 2016 •pay and allowanced debt: debt balance $199.00, original debt $199.00 for 14April 2016 •basic pay: debt balance $00.00, original debt $97.14 for 14 April 2016 •pay and allowances debt: debt balance $00.00, original debt $10.14 for 14April 2016 •unpaid debt balance total $21,084.93 m.LES for check dated 21 September 2016 shows the applicant was paid $637.50for BAH, BAH type II $234.15 and $206.57 for OHA: n.LES for check dated 23 September 2016 shows $213.78 was deducted for debtpayment, it also shows the same information as the LES ending on 21 September 2016 except for the unpaid debt balance total was now $20,871.15. o.LES for check dated 28 September 2016 shows the same information as theprevious months except for: •TRICARE select reserve dental plan debt balance $00.00, original debt$11.68 for 1 September 2016 •unpaid debt balance total $21,534.49 p.LES for check dated 30 September 2016 shows the applicant was paid $637.50for BAH and $1,662.36 was deducted for debt payment, it also shows the same information as the previous months except for the debt balance was now $19,872.13. q.LES for check dated 31 March 2017 shows the applicant was paid $648.00 forBAH and $1,142.93 was deducted for debt payment, it also shows the same information as the previous months except the debt balance was now $1,764.84. r.LES for check dated 14 April 2017 shows the applicant was paid $648.00 for BAHand $11.10 was deducted for debt payment, it also shows: •pay and allowances debt: debt balance $1,764.84, original debt $1,764.84 for1 through 15 October 2015 •unpaid debt balance total $1,764.84 •charged leave for 25 March 2017 s.LES for check dated 1 May 2017 shows the applicant was paid $648.00 for BAH,it also shows the same information as the LES ending on 14 April 2017 except for being charged leave for 8 and 15 April 2017. t.LES for check dated 3 May 2017 shows the same debt balance in the amount of$1,764.84. u.LES for check dated 10 May 2017 shows the same debt balance in the amount of $1,764.84 and charged leave for 22 April 2017. v.LES for check dated 15 May 2017 shows the applicant was paid $648.00 for BAHand $11.10 was deducted for debt payment, it also shows a remaining debt balance in the amount of $1,764.84. w.LES for check dated 19 May 2017 shows: •original debt $11.10 for 1 May 2017 •pay and allowances debt: debt balance $1,764.84, original debt $1,764.81 for1 through 31 October 2015 with an unpaid debt balance total $1,764.84 x.LES for check dated 1 June 2017 shows the applicant was paid $648.00 for BAH,it also shows she still had a debt balance and unpaid balance of $1,764.84. y.LES for check dated 2 June 2017 shows she still had a debt balance and unpaidbalance of $1,764.84. z.LES for check dated 15 June 2017 shows the applicant was paid $648.00 forBAH, it also shows she still had a debt balance and unpaid balance of $1,764.84. aa. LES for check dated 30 June 2017 shows the applicant was paid $648.00 for BAH, it also shows she still had a debt balance and unpaid balance of $1,764.84. bb. LES for check dated 14 July 2017 shows the applicant was paid $648.00 for BAH, it also shows she still had a debt balance and unpaid balance of $1,764.84. cc.LES for check dated 1 August 2017 shows the applicant was paid $648.00 forBAH, it also shows she still had a debt balance and unpaid balance of $1,764.84. dd.LES for check dated 15 August 2017 shows the applicant was paid $648.00 forBAH, it also shows she still had a debt balance and unpaid balance of $1,764.84. ee. LES for check dated 1 September 2017 shows the applicant was paid $648.00 for BAH, it also shows she still had a debt balance and unpaid balance of $1,764.84. ff. LES for check dated 6 September 2017 shows she still had a debt balance and unpaid balance of $1,764.84. gg. LES for check dated 15 September 2017 shows the applicant was paid $648.00 for BAH, it also shows she still had a debt balance and unpaid balance of $1,764.84. hh. LES for check dated 29 September 2017 shows: •pay and allowances debt: debt balance $1,764.84, original debt $1,764.84 for1 through 15 October 2015 •basic pay: debt balance $20,097.90, original debt $20,097.90 for 16 Junethrough 15 September 2017 •pay and allowances debt: debt balance $4,648.86, original debt $4,648.86 for16 June through 15 September 2017 •unpaid debt balance total $26,511.60 •adjustment pay: BAH without dependent $648.00 for 1 through 15 September2017 •adjustment pay: BAH without dependent $648.00 for 16 through 30 June2017 •adjustment pay: BAH without dependent $1,296.00 for 1 through 30 July 2017 •adjustment pay: BAH without dependent $1,296.00 for 1 through 30 August2017 •per DD Form 214 duty ended 15 June 2017 ii.LES for check dated 11 October 2017 shows $481.96 was deducted for debtpayment, it also shows: •pay and allowances debt: debt balance $1,764.84, original debt $1,764.84 for1 through 15 October 2015 •basic pay: debt balance $19,175.76, original debt $20,097.90 for 16 Junethrough 15 September 2017 •pay and allowances debt: debt balance $4,648.86, original debt $4,648.86 for16 June through 15 September 2017 •unpaid debt balance total $25,589.46 jj. LES for check dated 13 October 2017 does not show any debts. kk. LES for check dated 15 November 2017 shows $646.50 was paid for BAH and $1,703.85 was deducted for debt payment, it also shows: •pay and allowances debt: debt balance $1,764.84, original debt $1,764.84 for1 through 15 October 2015 •basic pay: debt balance $17,012.39, original debt $20,097.90 for 16 Junethrough 15 September 2017 •pay and allowances debt: debt balance $4,648.86, original debt $4,648.86 for16 June through 15 September 2017 •unpaid debt balance total $23,426.09 •service member on ADOS effective 1 November 2017 ll.An article from Stuttgart, Germany which stated the U.S. Army was facing apotential class action lawsuit on behalf of Soldiers who claim to have been wrongfully indebted because of a housing allowance policy which a military board determined broke a Federal law. A complaint filed in Federal claims court contends finance officials in Europe unlawfully denied mobilized Army reservists the right to both an allowance for their residence in the U.S. and an overseas allowance when they were not provided on- post housing. For years, reservists received dual allowances when they were mobilized without household goods and were forced to maintain two residences when housing was not provided. The Army Board for Corrections of Military Records issued a decision that stated the Army was guilty of unjust actions because of its incorrect interpretation of a Federal Joint Travel Regulation. 5.On 7 September 2023, in the processing of this case, the Office of the Deputy Chiefof Staff G-1, provided an advisory opinion regarding the applicant's request forentitlements determination to receive BAH and OHA rather than a change to her militaryrecord. The advisory official recommended disapproval of her request. In accordancewith the Department of Defense (DoD) Financial Management Regulation (FMR)7000.14-R volume 7A, chapter 26, if a Reserve Component member without adependent is called to active duty to serve in an overseas duty location and householdgood transportation is not authorized, a housing allowance based on the primaryresidence is paid. However, if the Service determines it is an inequity to pay a housingallowance based on the primary residence, the DoD FMR authorizes ServiceSecretaries to pay a housing allowance based on the duty station through theSecretarial process. The applicant received an approved waiver which authorized her toreceive an OHA based on her duty station only in lieu of her primary residence inColumbus, OH.While Title 37 United States Code (USC), section 403 authorizes a second housing allowance for members without dependents, the Secretary of Defense does not authorize a second housing allowance for a member without a dependent in the DoD FMR; therefore, no authority exists to pay the applicant a BAH based on her primary residence and a Family Separation Housing-Overseas based on her duty station in Italy. With respect to the leave balance, the applicant's servicing finance office in the U.S. Army Reserve is the appropriate office to review her leave balance to determine if it is correct. We recommend she seek assistance from that office to perform an audit of her leave. 6.On 15 September 2023, the Army Review Boards Agency, Case ManagementDivision provided the applicant the advisory opinion for review and comment. She didnot respond.BOARD DISCUSSIONAfter reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not 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 the Office of the Deputy Chief of Staff G-1, Military Pay branch advisory opinion, the Board concurred with the advising official finding the applicant had an approved waiver authorizing her to receive an overseas housing allowance (OHA) based on her duty station in lieu of her primary residence in Columbus Ohio. The Board determined the applicant is not entitled to both basic allowance for housing (BAH) and OHA. Additionally, an audit of the applicant's leave is outside the Board's purview and would need to be conducted by her USAR servicing finance office. Based on this, the Board denied relief. 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 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. Microsoft Office Signature Line... 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 militaryrecords must be filed within 3 years after discovery of the alleged error or injustice. Thisprovision of law also allows the ABCMR to excuse an applicant's failure to timely filewithin the 3-year statute of limitations if the ABCMR determines it would be in theinterest of justice to do so. 2.Title 37 USC, section 403 (Basic allowance for housing), Except as otherwiseprovided by law, a member of a uniformed service who is entitled to basic pay is entitledto a basic allowance for housing at the monthly rates prescribed under this section oranother provision of law with regard to the applicable component of the basic allowancefor housing. The amount of the basic allowance for housing for a member will varyaccording to the pay grade in which the member is assigned or distributed for basic paypurposes, the dependency status of the member, and the geographic location of themember. The basic allowance for housing may be paid in advance. a.Paragraph (c) (Basic Allowance for Housing Outside the United States), (1) TheSecretary of Defense may prescribe an overseas basic allowance for housing for a member of a uniformed service who is on duty outside of the United States. The Secretary shall establish the basic allowance for housing under this subsection on the basis of housing costs in the overseas area in which the member is assigned. (2) So long as a member of a uniformed service retains uninterrupted eligibility to receive a basic allowance for housing in an overseas area and the actual monthly cost of housing for the member is not reduced, the monthly amount of the allowance in an area outside the United States may not be reduced as a result of changes in housing costs in the area or the promotion of the member. The monthly amount of the allowance may be adjusted to reflect changes in currency rates. b.Paragraph (g) (Reserve Members), (1) a member of a reserve component withoutdependents who is called or ordered to active duty to attend accession training, in support of a contingency operation, or for a period of more than 30 days, or a retired member without dependents who is ordered to active duty under section 688(a) of Title 10 in support of a contingency operation or for a period of more than 30 days, may not be denied a basic allowance for housing if, because of that call or order, the member is unable to continue to occupy a residence: (A) which is maintained as the primary residence of the member at the time of the call or order; and (B) which is owned by the member or for which the member is responsible for rental payments. (2) The Secretary concerned may provide a basic allowance for housing to a member described in paragraph (1) at a monthly rate equal to the rate of the basic allowance for housing established under subsection (b) or the overseas basic allowance for housing established under subsection (c), whichever applies to the location at which the member is serving, for members in the same grade at that location without dependents. The member may receive both a basic allowance for housing under paragraph (1) and under this paragraph for the same month but may not receive the portion of the allowance authorized under section 452 of this title, if any, for lodging expenses if a basic allowance for housing is provided under this paragraph. (3) Paragraphs (1) and (2) shall not apply if the member is authorized transportation of household goods under section 453(c) of this title as part of the call or order to active duty described in such paragraph. 3.DoD FMR 7000.14-R, Volume 7A, chapter 26 (Housing Allowances), primaryResidence for Reserve Component (RC) Member. For an RC member ordered to AD,the primary residence is the dwelling (e.g., house, townhouse, apartment, condominium,mobile home, houseboat, vessel) where the RC member resides before being orderedto AD. A Service member without a dependent entitled to basic pay is authorized BAHor OHA in the situations specified in Table 26-26 and as otherwise specified in thisparagraph. Ordinarily BAH or OHA is based on the service member's PDS and paidwhen adequate Government quarters are not provided at the PDS. Paragraph 10.5.1.5(Called or Ordered to AD Other Than Training for 181 or More Days But Not AuthorizedHHG Transportation), an RC member called or ordered to AD for other than training for181 or more days who is not authorized HHG transportation for a PCS receives BAH orOHA based on the primary residence, except as specified for an RC member OCONUSwithout a dependent in subparagraph 10.5.1.6. The member must be residing at any ofthe following locations at the time called or ordered to AD: •at a location outside the local commuting distance of the RC member's primaryresidence and the duty is not for more than 180 consecutive days at one location •at a location other than the RC member's primary residence but authorizedtemporary duty allowances •at a location to which the RC member commutes from his or her primaryresidence •at a location OCONUS for a prospective period of less than 12 months Then the Service may determine that it is inequitable to pay a housing allowance based on the primary residence. A housing allowance based on the PDS may be authorized or approved through the Secretarial Process. If Government quarters are available for assignment to the RC member at the PDS, he or she receives only BAH or OHA based on the primary residence. An RC member called or ordered to AD in support of a contingency operation is authorized BAH or OHA based on the primary residence beginning on the first day of AD. This rate is authorized even for duty of 30 or fewer days. This rate continues for the duration of the tour unless the RC member is authorized PCS HHG transportation, in which case the rate for the PDS would apply on the day the RC member reports to the PDS. 4.All Army Activities (ALARACT) Message Number 011/2022 (ImplementationGuidance for the Basic Allowance for Housing (BAH), Overseas Housing Allowance(OHA), And Cost of Living Allowance (COLA) Secretarial Waiver Program) Paragraph 5.F, Reserve Component (RC) Soldiers without dependents called to active dutyoverseas for 365-days or less. Waivers will be considered for RC Soldiers called toactive for an OCONUS assignment where government quarters are not available, andthe Soldier desires to receive an OHA based on the PDS. Soldiers must be authorizedPCS allowances, but not shipment of household goods, from their primary residence tothe duty Location and intend on returning to their primary residence at the conclusion ofthe tour of duty. //NOTHING FOLLOWS//