RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-00131
		INDEX CODE:  128.09

		COUNSEL:  None

		HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

She be reimbursed $558 for the cost of self-procuring commercial airline tickets from Tinker AFB, Oklahoma, to her new duty station at Maxwell AFB, Alabama.

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APPLICANT CONTENDS THAT:

The reasons the applicant believes the records to be in error or unjust and the evidence submitted in support of the appeal is at Exhibit A.

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STATEMENT OF FACTS:

The relevant facts pertaining to this application, extracted from the applicant’s military records, are contained 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.

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AIR FORCE EVALUATION:

HQ USAF/ILTT reviewed the application and states that Joint Federal Travel Regulation (JFTR), Chapter 5, paragraph U5012, subparagraph B, states "Sometimes orders direct a particular mode for the member but not the dependent.”  Applicant’s orders identify dependent children and do not specify or direct a specific mode of travel.  Her dependents meet the requirements established by Chapter 7, Section 406(a)(1), Title 37, United States Code (USC), which entitles them to “transportation in kind, reimbursement therefor, or a monetary allowance in place of the cost of transportation, plus a per diem.”  Based on applicant’s orders, dependents were entitled to travel from Oklahoma City to the new duty station.  Had they done so and using Fiscal Year 2000 (FY00) General Services Administration (GSA) city pair fares, cost to the government by air would have been $279 each dependent or $558.  JFTR, Chapter 5, paragraph U5105, subparagraph C, provides for member reimbursement of personally procured common carrier transportation.  Her dependents traveled with personally procured, non-CTO, airline tickets to the new duty station.  ILTT recommends correction of Special Order A-0853, block 24 to read:  “Dependent son and daughter are authorized transportation allowances not to exceed $558 for travel from Oklahoma to Alabama and reimburse applicant $401.”

A complete copy of the Air Force evaluation, with attachments, is attached at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 23 Mar 2001, a complete copy of the Air Force evaluation was forwarded to applicant 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.  From the information provided, it appears that the applicant was miscounseled concerning PCS travel entitlements.  In view of the fact that the applicant was new to the Air Force and had no prior PCS experience, she relied on the miscounseling to her detriment.  Therefore, we believe approval of the requested relief would be appropriate.  We have noted the Air Force recommendation that the applicant’s total reimbursement be a lesser amount than she actually spent based on the requirements of the approved General Services Administration (GSA) program.  However, we believe that the applicant is entitled to full reimbursement for the monies she spent based on the circumstances of this case, i.e., she was provided erroneous advice by what she perceived to be proper and reliable Air Force source(s) and was disadvantaged as a result.  Accordingly, her records should be corrected in the following manner.

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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 on 1 Dec 99, competent authority authorized the applicant to self-procure commercial airline tickets for her two dependents from Tinker AFB, OK, to Maxwell AFB, AL, and she is entitled to reimbursement for her personally-procured transportation.

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The following members of the Board considered this application in Executive Session on 31 October 2001, under the provisions of AFI 36‑2603:

	            Panel Chair
	            Member
              Member

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

     Exhibit A.  DD Form 149, dated 4 Oct 01, w/atchs.
     Exhibit B.  Letter, HQ USAF/ILTT, dated 7 Mar 01.
     Exhibit C.  Letter, AFBCMR, dated 23 Mar 01.

                                   
                                   Panel Chair

AFBCMR 01-00131

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, be corrected to show that on 1 December 1999, competent authority authorized the applicant to self-procure commercial airline tickets for her two dependents from Tinker AFB, Oklahoma, to Maxwell AFB, Alabama, and she is entitled to reimbursement for her personally-procured transportation.