RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2002-03682
							INDEX CODE:  128.02
  XXXXXXXXXXXXXXX				COUNSEL:  NONE

  XXXXXXXXXXXX					HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be reimbursed in the amount of $562.38 for rental car expenses he incurred in connection with his July 2002 Permanent Change of Station (PCS).

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APPLICANT CONTENDS THAT:

The Transportation Officer (TO) at his losing station told him that he was authorized to travel by rental car from his port-of-entry to his new duty station.  He was even quoted a not-to-exceed the amount for this travel mode.  The DoD Financial Management Regulation 7000.14, volume 9, chapter 4, paragraph 0401, states that the Transportation Office is responsible for issuing guidance on the use and procurement of transportation.  He acted within reason considering the guidance given.  He saved the government money by using a rental car versus him and his family using airfare.  It would be a grievous blow to his family to bear this cost directly attributable to PCS relocation.  The TO who miscounseled him has declined to provide a statement.

In support of his application, the applicant submits a copy of his PCS Travel Voucher, a copy of the Defense Finance and Accounting Service (DFAS) travel voucher summary, his PCS orders, and a copy of his credit card statement reflecting rental car expenses.  

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

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STATEMENT OF FACTS:

The Military Personnel Database (MilPDS) indicates the applicant has a Total Active Federal Military Service Date of 17 September 1994.  He has continually served on active duty and has been progressively promoted to the grade of staff sergeant (E-5), effective and with a date of rank of 20 July 2000.  

The applicant received special order SO-AC-0084 dated 15 May 2002 for a PCS from RAF Molesworth, England to Maxwell AFB, AL, with a report not later than date of 10 July 2002.  He signed out from RAF Molesworth on 28 June 2002 and was accompanied by his spouse and two of his children to his new duty station.  The applicant arrived at Maxwell AFB on 8 July 2002 and signed into his new unit on 10 July 2002.  He filed a PCS travel voucher on 16 July 2002.  The travel voucher was processed by DFAS on 12 August 2002 and paid on 19 August 2002.

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AIR FORCE EVALUATION:

USAF/DPPCC recommends denial of reimbursement.  According to the Joint Federal Transportation Regulation, Volume I, reimbursement of rental car expenses during PCS travel is not allowed.  The applicant has failed to provide compelling documentation to support that the TO miscounseled him.  

The DPPCC evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 24 January 2003, copies of the Air Force evaluation were forwarded to the applicant for review and comment.  As of this date, this office has received no response (Exhibit D). 

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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 injustice.  Given the circumstances of this case, it appears that the applicant was properly compensated for his travel expenses.  Nonetheless, in light of the Air Force advisory opinions that opined differing assessments of his entitlements and the conflicting information that was provided to the applicant, the Board believes that an injustice may exist; and accordingly, it would be in the best interest of the Air Force and the applicant to favorably consider his request.  Therefore, it is the Board’s opinion that in order to provide him fair and equitable relief, his records should be corrected as indicated below.

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THE BOARD DETERMINES THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that he was in a temporary duty status and was paid total per diem in the amount of $562.38.

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The following members of the Board considered this application in Executive Session on 16 April 2003, under the provisions of AFI 36-2603:

The following documentary evidence for AFBCMR Docket Number BC-2002-03682 was considered:

     Exhibit A.  DD Form 149, dated 12 Nov 02, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AF/DPPCC, dated 11 Dec 02.
     Exhibit D.  Letter, SAF/MRBR, dated 3 Jan 03.

AFBCMR BC-2002-03682

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 he was in a temporary duty status and was paid total per diem in the amount of $562.38.