RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-01379
		INDEX CODES:  121.03, 128.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be corrected to reflect reimbursement of per diem in the amount of $358.05 and restoration of five (5) days of leave.

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APPLICANT CONTENDS THAT:

He and his wife were given wrong information when he had his Traffic Management Office (TMO) briefing at Malmstrom AFB.  They were told that their animals only had to be current on their rabies shot.  That was all the information that they received from TMO.  They later were informed from someone that was stationed at Lajes Field, Azores, that they also needed a United States Department of Agriculture (USDA) health certificate within 30 days of arriving there.  They were never told that the shot had to be given a certain number of days prior to going.  Because of this, they incurred out of pocket expenses that were out of their control and no fault of their own.

In support of his appeal, the applicant provided copies of his hotel receipt and permanent change of station (PCS) orders.

Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Information extracted from the Personnel Data System (PDS) indicates that the applicant is currently serving on active duty in the grade of staff sergeant, having been promoted to that grade on 1 Mar 01.  His Total Active Federal Military Service Date (TAFMSD) is 26 Apr 95.

The remaining relevant facts pertaining to this application are contained in the letters prepared by the appropriate offices of the Air Force.  

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AIR FORCE EVALUATION:

AFPC/DPSFM recommended denial.  They indicated that they contacted the TMO at Malmstrom AFB to find what information that office briefs to members going PCS with pets.  They were advised that the clerks are required to provide members a copy of the Army’s Personal Property Consignment Instruction (PPCI).  The document contains the most current information for authorized shipment of household goods and pets to a specific country.  They gave the applicant a copy of chapter nine, which outlines the specific rules for Lajes Field.  The information states that pets are permitted entry into the Azores provided they receive a certificate of rabies vaccination at least 30 days and not more that 12 months before departure.  It further states pets must also receive a certificate of health issued by a veterinarian certifying the pet is free of contagious diseases no more than 14 days before departure.

According to AFPC/DPSFM, the applicant was provided a copy of the PPCI, which clearly outlined the requirements for taking pets to the Azores.  However, he did not comply with all the guidance provided.  As such, the applicant is culpable for not having all the documents needed to move his pets to the Azores.  They indicated that they also checked the applicant’s leave account and it does not reflect he was charged leave from 11 - 16 Feb 02.  It did reflect he was charged leave from 9 - 13 Feb 02.  However, the receipt the applicant provided for the lodging indicates he was at the hotel from 11 - 16 Feb 02.  They contacted the applicant to explain these differences with the dates, but they have received no response.

A complete copy of the AFPC/DPSFM evaluation, with attachments, is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 7 Jun 02 for review and response.  As of this date, no response has been received by this office (Exhibit C).

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ADDITIONAL AIR FORCE EVALUATION:

AF/DPRCC reviewed this application and noted that the applicant performed PCS move from Malmstrom AFB, Montana, to Lajes Field, Portugal, between 11 - 17 Feb 02.  He departed his last permanent duty station and assumed he had the proper documentation for his pets to enter Portugal.  After arriving in Baltimore for his scheduled port call, he discovered his pets would be denied entry. As his application details, after he made a significant number of inquiries and traveled to Washington D.C., he was able to gain clearance for his pets.  In the end, the applicant was charged leave for this delay of five days and paid for lodging and meal expenses out-of-pocket.

According to AF/DPRCC, the regulation in effect at the time the applicant performed travel was the Joint Federal Travel Regulations (JFTR), Volume 1, Chapter Five.  The applicant acted in good faith to plan his PCS travel and was not aware of the specific requirements to move pets from the United States to Portugal.  AF/DPRCC recommended that his record be corrected to reflect an authorized delay in Baltimore, Maryland, for himself and his wife from 11-15 Feb 02.  The authorized delay is for “awaiting transportation.”

A complete copy of the AF/DPRCC evaluation, with attachments, is at Exhibit D.

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APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 10 Jul 02 for review and response.  As of this date, no response has been received by this office (Exhibit E).

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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 error or injustice.  Having carefully reviewed this application, we are sufficiently persuaded that corrective action is warranted in this case.  Thus, we agree with AF/DPRCC’s recommendation that the applicant’s records should be corrected to reflect an authorized delay in Baltimore, Maryland, for him and his spouse from 11 Feb 02 to 15 Feb 02.  We took note of the applicant’s request that he also be reimbursed for cost incurred for his stay in Baltimore through 16 Feb 02.  However, the evidence of record indicates that he was only charged lodging expenses through 15 Feb 02 and checked out on 16 Feb 02.  We further recommend that the applicant’s records be corrected to reflect restoration of five days of leave to his leave account.  Accordingly, we recommend that the applicant’s records be corrected as set forth 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 competent authority authorized him and his spouse a delay awaiting transportation in Baltimore, Maryland, from 11 Feb 02 to 15 Feb 02, in accordance with the Joint Federal Travel Regulation (JFTR), Volume 1, Chapter Five; and, that five (5) days of leave were added to his leave account commencing 2 Oct 02.

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The following members of the Board considered AFBCMR Docket Number 02-01379 in Executive Session on 28 Aug 02, under the provisions of AFI 36-2603:

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

     Exhibit A.  DD Form 149, dated 2 Apr 02.
     Exhibit B.  Letter, AFPC/DPSFM, dated 29 May 02.
     Exhibit C.  Letter, SAF/MRBR, dated 7 Jun 02.
     Exhibit D.  Letter, AF/DPRCC, dated 28 Jun 02, w/atchs.
     Exhibit E.  Letter, AFBCMR, dated 10 Jul 02.

AFBCMR 02-01379

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 competent authority authorized him and his spouse a delay awaiting transportation in Baltimore, Maryland, from 11 Feb 02 to 15 Feb 02, in accordance with the Joint Federal Travel Regulation (JFTR), Volume 1, Chapter Five; and, that five (5) days of leave were added to his leave account commencing 2 Oct 02.