RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-03503
		INDEX CODE:  128.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS:

Receipt of overseas Cost of Living Allowance (COLA), at the with-dependent rate, for Elmendorf AFB, AK, for the period 10 November 2003 to 31 October 2004.
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APPLICANT CONTENDS THAT:

He was involuntarily reassigned to F E Warren AFB, WY, 11 months prior to his original Date Eligible for Return from Overseas (DEROS), with a Report Not Later Than Date (RNLTD) of 30 November 2003.  Therefore, his 2 September 2003 request for continuation of station allowances should have been approved because his original DEROS was curtailed from October 2004 to November 2003 due to a manning overage.  Although the rationale for his extension is for personal reasons, he believes his situation is unique and worthy of an exception to policy.

In support of his request, the applicant submits a personal statement and additional documents associated with the issues cited in his contentions.  The applicant’s complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

Information extracted from the Military Personnel Data System (MilPDS) reveals the applicant’s Total Active Federal Military Service Date (TAFMSD) as 19 November 1981.  He has been progressively promoted to the grade of chief master sergeant (E‑9), with an effective date and date of rank of 1 May 2003.  Applicant’s Date Arrived Station (DAS) is reflected as 18 November 2003.
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AIR FORCE EVALUATION:

HQ AFPC/DPAPP1 recommends the application be denied.  DPAPP1 states that the applicant’s request for continuation of overseas COLA was disapproved because it was for personal reasons and for an extended period of time.  The applicant was notified of his new assignment in mid-April 2003 and his spouse signed her formal employment commitment in May 2003, with the knowledge of the applicant’s overseas return date of November 2003.  Thus, the applicant’s request was based on personal desires.  The HQ AFPC/DPAPP1 evaluation, with attachment, 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 applicant on 21 November 2003 for review and response.  As of this date, no response has been received by this office (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.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case.  We note that the applicant’s spouse made the formal commitment to continue her employment after having knowledge that the applicant’s overseas assignment was being curtailed.  This decision, in our opinion, was made for personal reasons and, therefore, does not meet the rules of the Joint Federal Travel Regulation (JFTR).  In view of the above and absent persuasive evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.
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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of 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 this application in Executive Session on 14 January 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2003-03503.

   Exhibit A.  DD Form 149, dated 14 Oct 03, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPAPP1, dated 18 Nov 03, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 21 Nov 03.