RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-02566
		INDEX CODE:  128.00

		COUNSEL:  NONE 

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be reimbursed for single-rate Basic Allowance for Housing (BAH) from Jun 00 to Jun 01.

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APPLICANT CONTENDS THAT:

He was miscounseled by his losing military personnel flight (MPF) (Tyndall AFB) that he would not be allowed to place his household goods in non-temp storage at government expense since he had a follow-on assignment back to Tyndall AFB.  His PCS orders, dated 28 Apr 00, were amended on 3 Oct 01 allowing for non-temp storage of HHGs at government expense.  However, he feels this correction affords him no financial remedy to the financial expense he incurred.

In support of his request, the applicant submits a personal statement, copies of his PCS and amended orders.  The applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Information extracted from the Personnel Data System reveals the applicant’s Total Active Federal Military Service Date (TAFMSD) as 14 Mar 77.  He is currently serving on active duty in the grade of chief master sergeant (E-9), with an effective date and date of rank of 1 Mar 99.

The remaining 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 at Exhibit B.

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AIR FORCE EVALUATION:

HQ USAF/DPPCC recommends the application be denied.  DPPCC states that, according to the DoD FMR, Volume 7A, Chapter 26, Table 26-3, Rule 1:  “If a member is assigned to a permanent station and is assigned or occupies government quarters suitable and adequate for the member’s grade, member does not accrue (receive) BAH.”  DPPCC states that the applicant was assigned to adequate government housing during his stay in Korea and is not entitled to single-rate BAH for the requested period.  There is no authority either in policy or law to use BAH to compensate the applicant for choosing to maintain his residence to store his household goods during his tour to Korea.  The HQ AFPC/DPPCC 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 applicant on 13 September 2002 for review and response.  As of this date, no response has been received by this office (Exhibit C).
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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.  We have thoroughly reviewed the applicant’s submission and the evidence of record.  In this respect, we are of the opinion that the applicant was not properly counseled by his Military Personnel Flight (MPF) concerning his entitlements for a Permanent Change of Station (PCS) assignment and that he should not suffer the detrimental effects of that miscounseling.  We noted that, while stationed at his PCS assignment, the applicant made numerous attempts to remedy the situation, but was unsuccessful.  In view of the foregoing, we recommend that any doubt concerning the propriety of the actions taken in this case be resolved in the applicant’s favor 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, on 28 April 2000, competent authority temporarily designated Kunsan Air Base, South Korea, as Unaccompanied Housing and determined the quarters were not suitable for his grade; and, he was entitled to single rate Basic Allowance for Housing (BAH), during the period June 2000 to June 2001, according to the Department of Defense Financial Management Regulation (DoDFMR), Volume 7A, Chapter 26.
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The following members of the Board considered this application in Executive Session on 31 October 2002, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered in connection with AFBCMR Docket Number 02-02566.

   Exhibit A.  DD Form 149, dated 25 Apr 02, w/atchs.
   Exhibit B.  Letter, HQ USAF/DPPCC, dated 3 Sep 02.
   Exhibit C.  Letter, SAF/MRBR, dated 13 Sep 02.

                                   

AFBCMR 02-02566

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, on 28 April 2000, competent authority temporarily designated Kunsan Air Base, South Korea, as Unaccompanied Housing and determined the quarters were not suitable for his grade; and, he was entitled to single rate Basic Allowance for Housing (BAH), during the period June 2000 to June 2001, according to the Department of Defense Financial Management Regulation (DoDFMR), Volume 7A, Chapter 26.