RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-03051
		INDEX CODE:  128.14
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His entitlement to move to his home-of-selection (HOS) be restored.

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APPLICANT CONTENDS THAT:

Due to an administrative error, his entitlement was lost when his travel and household goods (HHGs) shipment costs were charged to his retirement orders, rather then permanent change-of-station (PCS) without permanent change-of-assignment (PCA) orders.  He was assigned to a geographically separated unit in Moscow and elected to travel to Hickam AFB, HI to out-process.  When he departed Moscow he moved using his retirement orders, which he later found out should not have happened.  One month after he moved, PCS without PCA orders were issued.  He did not discover the error until he recently tried to have his HHGs moved to his final HOS and was told that he already used his entitlement.  He was not properly briefed nor provided the proper documents in a timely manner.  He has been recalled to active duty with his current term set to end on 31 May 04.  

In support of his request, applicant provided a copy of his retirement order, a copy of his PCS without PCA order, and a chronology of events.  His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Data extracted from the Personnel Data System reflects the applicant was appointed s second lieutenant, Reserve of the Air Force on 19 Nov 74 and was voluntarily ordered to extended active duty on that same date.  He has been progressively promoted to the grade of colonel, having assumed that grade, effective and with a date of rank of 1 Jul 97.  

He received an approved retirement effective 1 Nov 01 and orders were published authorizing him to proceed to his home of selection.  While stationed in Russia, applicant elected to retire at Hickam AFB Hi, (port retirement).  Upon arrival at Hickam, he completed his travel voucher (which by traveling with his spouse and doing so rendered his move a HOS move).  Subsequent to his HOS move, orders were published authorizing a PCS without PCA move from Russia to Hawaii.  On 4 Jun 02, orders were published recalling him back to active duty assigning him to Russia; however, his assignment to Russia was diverted and he filled a position in Hawaii.  He currently has an approved retirement effective 1 May 04.

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AIR FORCE EVALUATION:

USAF/DPRCC states that he is desirous of making a HHG move now rather than waiting until he is retired for a second time.  If the Board were to rule that he did not make a HOS move on his first retirement; he still could not use that first retirement order to make a move now because he received a new order ordering him back to active duty.  In accordance with the JFTR U5330-H, the original retirement order remained in effect until he received further PCS orders.  He received further PCS orders recalling him back to active duty in June 2002.  Once he was recalled to active duty the original retirement order could no longer be used.  DPRCC attempted to obtain a copy of the orders assigning him to CINPAC in December 2002 to determine if that order authorized shipment of HHGs.  However, the applicant stated in his chronology "no new order was cut."  Absent an order assigning him to CINPAC, DPRCC recommends that the applicant wait until new retirement orders are cut.  The DPRCC evaluation is at Exhibit B.  

AFSLMO/CA states that the applicant should have departed Russia on PCS without PCA orders which would have entitled him to travel and ship his HHGs to Hawaii thus allowing his retirement orders to be used for his HOS move.  Once his was recalled, assigned to Russia, and diverted to Hawaii, there should have been an amendment/rescission order that assigned him to Hawaii.  Approval of this action would result in reinstatement of his entitlement to a HOS move and non-temporary storage in conjunction with JFTR U5365.  The AFSLMO evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

His intent in 2001 was to retire in Hawaii from Moscow.  He returned to Hawaii to a townhouse he owned and planned to move within a year to a new home on Oahu using his HOS entitlement.  When it became apparent he was to remain on active duty in Hawaii he began to search for a new house and asked for a HOS move.  That is when he learned about the loss of his HOS entitlement due to the administrative error.  He has since been completely priced out of the housing market in Oahu.  His only recourse now is to leave Oahu and buy a home in the continental United States.  The approval of a "local short distance move of HHGs" referred to in the AFSLMO memorandum no longer does him any good.  He no longer desires an early move.  He desires reinstatement of his HOS entitlement that would permit him to retire in any state within the continental United States.  His complete submission is at 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 that would warrant corrective action.  In this respect, the applicant was stationed in Russia when he elected retirement from the Air Force to be effective 1 Nov 01.  He elected to retire at Hickam AFB, HI and chose to reside in Hawaii after his retirement.  He and his family traveled to Hawaii using his retirement orders as the travel authority.  However, in accordance with travel regulations, he should have been provided PCS without PCA orders, which were provided to the applicant subsequent to his travel, as the authority for his travel.  It appears that his travel to Hawaii was based in good faith on the documentation he was provided at the time and the counseling he received. We believe the decision to travel under authority of his retirement order was inappropriately made through no fault of his own and that the applicant has suffered an injustice with the loss of his HOS privileges.  Accordingly it is our opinion that his HOS privileges should be restored as 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:

	a.  He was authorized travel from Russia to Hickam AFB, Hawaii in 2001, under Permanent Change of Station without Permanent Change of Assignment order, AAB-338, dated 30 September 2001, rather than Retirement Order AL-000623, dated 11 June 2001.

	b.  His entitlement to a Home of Selection move under Joint Travel Federal Travel Regulation, paragraph U5365, be restored.

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The following members of the Board considered AFBCMR Docket Number BC-2003-03051 in Executive Session on 4 Feb 04, 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 25 Aug 03, w/atchs.
    Exhibit B.  Letter, USAF/DPRCC, dated 3 Nov 03, w/atch.
    Exhibit C.  Letter, AFSLMO/CA, dated 11 Dec 03.
    Exhibit D.  Letter, SAF/MRBR, dated 19 Dec 03.
    Exhibit E.  Letter, Applicant, dated 28 Dec 03.

					

AFBCMR BC-2003-03051

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:

		a.  He was authorized travel from Russia to Hickam AFB, Hawaii in 2001, under Permanent Change of Station without Permanent Change of Assignment order, AAB-338, dated 30 September 2001, rather than Retirement Order AL-000623, dated 11 June 2001.

		b.  His entitlement to a Home of Selection move under Joint Travel Federal Travel Regulation, paragraph U5365, be, and hereby is, restored.