RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-02141
		INDEX CODE:  128.14	
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be authorized Temporary Lodging Expense (TLE) for 5 days at $34.00 per day.

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APPLICANT CONTENDS THAT:

When he departed Robins AFB, personnel at the Accounting and Finance office incorrectly told him that he would be reimbursed for up to 10 days lodging in the Temporary Lodging Facility.  Based on this information, he stayed in the TLF for 10 days.  After arrival at Keflavik AS, Iceland, he was only reimbursed for 5 days due to regulatory restrictions.

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STATEMENT OF FACTS:

Data extracted from the personnel data system reflects that the applicant departed his last duty station (Robins AFB, GA) on 29 May 02 and arrived at Keflavik AS, Iceland on 5 Jun 02.

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AIR FORCE EVALUATION:

USAF/DPRCC reviewed applicant's request and states that, unfortunately, in accordance with Title 37, United States Code, Section 404a, military members are entitled to a maximum of 5 days TLE when PCSing to an overseas location.  To help defray excess housing costs he received a Dislocation Allowance of $2,016 and he also continued to receive his monthly Basic Allowance for Housing (BAH) payment.  Since there is no waiver for congressional authority, he cannot be reimbursed for an additional five days.  The DPRCC evaluation 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 the applicant on 19 Jul 02 for review and comment 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 an injustice.  After careful consideration of all the facts of this case, the Board majority believes that based on the evidence provided it is apparent that the applicant was miscounseled regarding his TLE entitlement.  The Board majority believes that with proper counseling he would not have stayed in TLE for 10 days.  Accordingly, the Board majority believes that an injustice exists in this matter and it would be in the best interests of the Air Force and the applicant to favorably consider this application.  Since the applicable law only allows for 5 days of TLE, and to provide the applicant with the appropriate relief, the Board majority recommends 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 during the period 26 May 2002 to 27 May 2002 he was in temporary duty status at Tallahassee, FL.

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The following members of the Board considered Docket Number 02-02141 in Executive Session on 3 Sep 02, under the provisions of AFI 36‑2603:

The Board majority voted to correct the records, as recommended.  MR.XXXX voted to deny the applicant's request, but elected not to submit a minority report.  The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 25 Jun 02, w/atchs.
     Exhibit B.  Letter, USAF/DPRCC, dated 12 Jul 02.
     Exhibit C.  Letter, SAF/MRBR, dated 19 Jul 02.

AFBCMR 02-02141

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 during the period 26 May 2002 to 27 May 2002 he was in temporary duty status at Tallahassee, FL.