RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-00045
		INDEX CODE:  128.01
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He receive Family Separation Allowance (FSA) from September 1998 through September 2000.

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APPLICANT CONTENDS THAT:

He married his spouse while enroute from Osan AB, Korea to Andersen AB, Guam in September 1998.  He had received an approved command-sponsored accompanied tour.  However, his spouse and children were unable to join him in Guam because the Immigration and Naturalization Service denied his Immigrant VISA request.

In support of his request applicant provided a copy of his dependent travel orders and the U.S. Embassy, Manila, Philippines, Immigrant VISA denial paperwork.  His complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force on 7 Aug 91.  He is currently serving on active duty in the grade of staff sergeant having assumed that grade effective and with a date of rank of 1 Jun 96.

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AIR FORCE EVALUATION:

The Chief, Compensation and Entitlement Policy, AF/DPRCC, reviewed applicant's request and recommends partial relief.  DPRCC states that FSA is only authorized for members serving in dependent-restricted areas.  A member who elects to serve an unaccompanied tour in lieu of an accompanied tour where dependents are permitted is not entitled to FSA unless waived by the Service Secretary.  The waiver authority is limited to situations defined as 1) when certified medical reasons involving family members or terrorist activity would make it inappropriate for dependents to accompany the member; or 2) when ships in overhaul make temporary homeport changes.  No entitlement to FSA accrues if a dependent is authorized transportation at government expense but is not eligible under immigration laws for entry into the United States before a member reports to the new permanent station.  His dependents’ travel was prohibited by immigration laws and therefore, he has not met the conditions to receive FSA.

DPRCC does recommend approval of applicant's request during part of the unaccompanied portion of his tour.  Applicant provided additional information, which indicated that he applied for command sponsorship in March, 1999.  His application was approved with the exception of medical clearance for his spouse who was pregnant at the time.  From 1 March 1999, when he could not attain medical clearance for his dependents, through 1 September 1999, the date of issuance of his dependent travel order, his dependents were not approved for travel to Guam due to certified medical reasons.  DPRCC recommends that his records be changed to reflect that he received a Secretarial waiver to receive FSA-II during this period (see Exhibit B).
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 23 Mar 01 for review and response within 30 days.  As of this date, this office has received no response.

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THE BOARD CONCLUDES THAT:

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

2.  The application was timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice.  Because his dependents’ travel was prohibited by immigration law and not by Air Force policy, we believe it would not be appropriate to grant the applicant the full relief requested.  However, it is our opinion that his records should be corrected to show that he was authorized to receive FSA for the period of time that his spouse was pregnant and was unable to obtain the required medical clearance.  We agree with the opinion and recommendation of the Air Force office of primary responsibility and recommend his records be corrected to the extent indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that:
	
	a.  On 20 February 1999, the Secretary of the Air Force approved a waiver in accordance with the provisions of paragraph 270301E of the Department of Defense Financial Management Regulation (DODFMR), thereby establishing his entitlement to Family Separation Allowance (FSA), Type II, during a portion of his tour at Andersen AFB, Guam, covering the period 1 March 1999 through 31 August 1999.

	b.  He is authorized payment of FSA, Type II, effective      1 March 1999 through 31 August 1999, for the period of his tour at Andersen AFB, Guam, when FSA Type II was not previously authorized.

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The following members of the Board considered this application in Executive Session on 9 May 01, under the provisions of AFI 36‑2603:

Mr. XXXXXXXXXXXXXXXXXX, Panel Chair
Mr. XXXXXXXXXXXXXXXXXX, Member
Ms. XXXXXXXXXXXXXXXXXX, Member

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 20 Dec 00, w/atchs.
     Exhibit B.  Letter, AF/DPRCC, dated 6 Mar 01, w/atchs.
     Exhibit C.  Letter, SAF/MIBR, dated 23 Mar 01.

                                  XXXXXXXXXXXXXXXXXX
                                  Panel Chair

AFBCMR 01-00045

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 APPLICANT be corrected to show that:

	a.  On 20 February 1999, the Secretary of the Air Force approved a waiver in accordance with the provisions of paragraph 270301E of the Department of Defense Financial Management Regulation (DODFMR), thereby establishing his entitlement to Family Separation Allowance (FSA), Type II, during a portion of his tour at Andersen AFB, Guam, covering the period 1 March 1999 through 31 August 1999.

	b.  He is authorized payment of FSA, Type II, effective 1 March 1999 through 31 August 1999, for the period of his tour at Andersen AFB, Guam, when FSA Type II was not previously authorized.