RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-03656
		
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be paid for temporary duty civilian clothing allowance as directed by his orders.
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APPLICANT CONTENDS THAT:

He was briefed and given documentation and orders to reflect civilian clothing entitlement by the finance office.  He was unjustly informed and thus unjustly not paid.  The service was dishonest and unjustly conveyed false statements, and false expectation on all accounts in this matter.

In support of his request, applicant provided a copy of Special Order TE-0472, an extract from the DoD Financial Management Regulation, a Deployment Handout and email.  

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

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STATEMENT OF FACTS:

The applicant is currently serving on extended active duty in the grade of colonel

On 8 May 2002, the applicant was placed on temporary duty (Special Order TE-0472) to participate in Operation Joint Forge for 120 days to Pristina Kosovo and authorized to wear civilian clothes.  His permanent assigned duty station is Lackland AFB, TX; it was determine that he was not entitled to a civilian clothing allowance.  

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AIR FORCE EVALUATION:

AF/DPPFQ recommended denial due to the constraints of public law.  DOD does not have waiver authority; therefore, we cannot authorize civilian clothing allowance for the applicant in this instance.  Several legislative proposals have attempted to change this…so far without success.  This is no doubt not the desired response, unfortunately, until public laws change; it is the only one we have.  

Based on 1949, HR 507, 81st Congress, 1st session, Career Compensation Act of 1949, Sec 681: “When ever an officer goes into Service, he does so knowing he will be required to subsist himself.”  (Contractual for officers, as opposed to enlisted contracts, which requires the government to subsist).  However, in 1989 Congress changed Title 37, USC Sec 419, authorizing civilian clothing allowance for officers whose permanent duty station was outside the U.S.  Unfortunately, temporary deployment does not establish a permanent duty station status for military members.

The orders authorize the applicant to wear civilian clothing after duty hours; civilian clothing allowance is only payable to individuals directed to wear civilian clothes over 50% of their duty time.  Also, the applicant was assigned to Lackland AFB TX…DoDFM, para 290403 states, “By law, an officer is authorized a Civilian Clothing Allowance only if his or her permanent duty station is outside the United States.”  Unfortunately, the applicant’s deployment to an overseas location does not constitute his “permanent duty station” being outside the United States.  His permanent duty station remained Lackland AFB TX during his temporary deployment overseas.

AF/DPPFQ complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 22 November 2002 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.  Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice warranting relief in this application.  We agree that applicant’s orders stated he was authorized a clothing allowance; however, as indicated by the Air Force, clothing allowance for temporary deployment is not authorized.  Furthermore, we note that the requirement to wear civilian clothing was for after duty hours, which does not meet the requirement of 50% of the duty time set forth in the DOD regulation.  Based on the above finding, we do not recommend authorization of the civilian clothing allowance during the period in question.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of a material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered Docket Number 02-03656 in Executive Session on 12 March 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 11 Nov 02, w/atchs.
    Exhibit B.  Letter, AF/DPPFQ, dated 18 Nov 02.
    Exhibit C.  Letter, SAF/MRBR, dated 22 Nov 02.