RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-1999-01161
		INDEX CODE:  128.10
 		COUNSEL:  None

	 	HEARING DESIRED:  No

APPLICANT REQUESTS THAT:

He be reimbursed $6,667.28 for expenses incurred due to the cancellation of his permanent change of station (PCS) orders.

APPLICANT CONTENDS THAT:

The reasons applicant believes he has been the victim of an error and/or an injustice are contained in his complete submission, which is at Exhibit A.

STATEMENT OF FACTS:

The applicant is currently serving on extended active duty in the grade of captain (DOR: 30 May 1994) assigned to the Space/Missile Systems Center in Los Angeles, CA.

The remaining relevant facts pertaining to this application are contained in the official documents provided by the applicant and in the letter prepared by the appropriate office of the Air Force.  Accordingly, there is no need to recite these facts in this Record of Proceedings.

AIR FORCE EVALUATION:

The Assignment Advisor, HQ AFPC/DPAPP2, reviewed this appeal and provides his rationale for recommending denial.

A complete copy of the evaluation is at Exhibit B.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 24 May 1999 for review and comment within 30 days.  As of this date, this office has received no response. 

THE BOARD CONCLUDES THAT:

1.	The applicant has exhausted all remedies provided by existing law or regulations.

2.	The application was timely filed.

3.	Insufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice.  After a thorough review of the evidence of record and the applicant’s submission, a majority of the Board is not persuaded that he should be reimbursed for $6,667.28. The applicant’s contentions are duly noted; however, the Board majority does not find these uncorroborated assertions, in and by themselves, sufficiently persuasive to override the rationale provided by the Air Force. We note the dependency for the applicant’s mother was not approved until after the PCS to Indian Springs was cancelled. The majority therefore agrees with the recommendations of the Air Force and adopts the rationale expressed as the basis for our decision that the applicant has failed to sustain his burden of having suffered either an error or an injustice. Therefore, absent persuasive evidence to the contrary, the majority of the Board finds no compelling basis to recommend granting the relief sought.

RECOMMENDATION OF THE BOARD:

A majority of the panel finds insufficient evidence of error or injustice and recommends the application be denied.

The following members of the Board considered this application in Executive Session on 10 February 2000 under the provisions of AFI 36-2603:

					

By a majority vote, the Board recommended denial of the application.  XXXXXXXXXXXXXXXXXX voted to grant but does not wish to submit a Minority Report. The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 23 Apr 99, w/atchs.
   Exhibit B.  Letter, HQ AFPC/DPAPP2, dated 10 May 99.
   Exhibit C.  Letter, AFBCMR, dated 24 May 99.

AFBCMR BC-1999-01161

MEMORANDUM FOR EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR 
                                        CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  

	By a majority vote, the Board recommended that the applicant’s request for reimbursement in the amount of $6,667.28 for expenses incurred in moving his mother be denied.  The applicant contended that he applied for his mother’s dependency and moved her based on the PCS orders assigning him to XXXXX AAF, XX.  These orders were then cancelled at the last minute after he had already incurred expenses in moving her.  The majority of the Board noted that, since the dependency for the applicant’s mother was not approved until after the PCS to XXXXXX was cancelled, the moving expenses he incurred were the result of his own premature actions.  XXXXXXXXXXXXXXXXXX voted to grant the applicant’s specified request but did not submit a Minority Report.  

	After carefully reviewing the evidence of record and considering the Board’s recommendation, I am inclined believe that some relief is warranted. In this regard, it seems the applicant acted reasonably in moving his mother, anticipating that her dependency would be approved---which it ultimately was.  The fact that the PCS had to be cancelled suddenly due to his medical profile was a factor beyond his control.  However, I don’t think the applicant should be reimbursed for the amount he specified because some of the expenses appear questionable and, in my view, may not have been allowable even if the dependency had been timely and the PCS to XXXXX XXXXX had not been cancelled.  Therefore, I direct that the applicant’s records be corrected to reflect his mother’s dependency at an earlier date, with entitlement to reimbursement for actual authorized costs incurred not to exceed the cost to the government for his mother’s authorized travel from XXXXX AFB to XXXXX XXXXX AAF.

                                                                          

AFBCMR BC-1999-01161

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to XXXXXXXXXX, XXXXXXXXXX, be corrected to show that:

	     a.  On 11 July 1998, competent authority determined his mother was his legal dependent.

	     b.  Under the provisions of Special Order ABA-XXX, dated 13 July 1998, his mother, was entitled to a fully funded move from XXXXXX AFB, XX, to XXXXX XXXXX AAF, XX, and he is entitled to reimbursement for actual authorized costs incurred not to exceed the cost to the government for her authorized travel.