RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-03817
		
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He receive full reimbursement of $5,500 for expenses he incurred as a result of his do-it-yourself (DITY) move.

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APPLICANT CONTENDS THAT:

He was miscounseled and issued illegal amendments; item 4A on the reverse side of original order stipulates reimbursement for moving his household goods (HHGs).  Approval of paperwork completed by the Military Personnel Flight (MPF) at Hurlburt Field was erroneous.

In support of his request, applicant provided documentation associated with his DITY move, a copy of his AF Form 889, Request and Authorization for Permanent Change of Station (PCS), AF Form 973, Request and Authorization for Change of Administrative Orders, and, an email communication.  

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

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STATEMENT OF FACTS:

Applicant is currently enlisted in the Regular Air Force in the grade of technical sergeant.

The applicant made a permanent change of station (PCS) move from Hurlburt Field, FL to Kunsan AB Korea, with an approved follow-on (FO) assignment to Kadena AB Japan.  He relocated his family under a do-it-yourself (DITTY) move to Fairfield, CA.  

Applicant’s orders reflected the appropriate restrictions and entitlements associated with the Follow-on-Program.  His amendments, (AF Form 973) authorized the applicant to relocate his dependents to a designated place, (Fairfield, CA), but the orders also indicate item 4A on reverse side of the original order apply.  Item 4A states, “Member has an approved follow-on assignment and has agreed to relocate dependents, HHGs, or store HHGs at their expense to address specified in block 24.”  In addition, the applicant signed his follow-on application on 8 Jan 03 (which was not part of this package, but is now included) specifying the following:  a. I agree not to move my dependents at government expense except to the FO location, but I may move them at personal expense, and b. I agree not to ship HHGs at government expense except to the FO location, but I may ship HHGs at personal expense, and c. I agree not to store HHGs in temporary storage at government expense, but I may store them at personal expense during my unaccompanied overseas tour assignment, and d. I may ship my privately owned vehicle (POV) at government expense to the overseas location, unless shipment of POV is prohibited to a particular location, or I am ineligible based on my rank.

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AIR FORCE EVALUATION:

AFPC/DPAPP2 recommended denial and indicated the applicant should not be reimbursed for the DITTY move and also retain his follow-on assignment.  The documentation enclosed does not support the applicant’s claim of miscounseling.  However, if the member requests cancellation of his follow-on assignment, he will then be authorized reimbursement for the DITTY move.  This option was offered to the member when he first claimed miscounseling, but he was unwilling to give up his follow-on assignment. It would be an injustice and inequitable to allow the applicant to keep his follow-on assignment and claim reimbursement for the DITTY move, as other AF members are not offered this same type of opportunity.  Bottom-line, the applicant may request cancellation of his follow-on assignment if he wants reimbursement for the DITTY move.  If he elects this option, the MPF will request cancellation of his follow-on assignment through this office and his orders will be amended accordingly.  He will then be allocated an assignment under the Enlisted Quarterly Assignment Listing (EQUAL).

AFPC/DPAPP2 complete evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the Air Force evaluation and stated that while AFPC highlighted a portion of item 4A of his amended orders, which states in part, “member… has agreed to relocate… at their expense, etc., they failed to highlight the portion which states, in part, “member is authorized reimbursement IAW JFTR U5340-C and U5218-B.”  He considered this a significant omission; since this was the phrase he relied upon in making his decision to move his family.  While he did not research these specific paragraphs personally before accepting his amended orders, he did not believe he should have to go to that length to obtain accurate information on these matters.  He relied upon the supposed expert counseling he received at the MPF and more so when it was endorsed by the Superintendent Outbound Assignments.  He was under the impression from his counselor that this paragraph gave authority for him to be reimbursed, and he depended upon this impression.  

Applicant’s complete response, with attachments, is at 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 an error or injustice.  We are not persuaded by his assertions that prior to his election to relocate his family, he was miscounseled, or that he was not made aware of the options available to him.  In this respect, the Board notes that his orders reflect the appropriate restrictions and entitlements associated with the follow-on program; amendments to the orders authorized him to relocate his dependents to a designated place and indicate “Member has an approved follow-on assignment and has agreed to relocate dependents, Household Goods (HHGs), or store HHGs at their own expense to the address specified in block 24", Fairfield, California; and on 8 Jan 03 he signed his follow-on application. Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  In the absence of 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 AFBCMR Docket Number BC-2003-03817 in Executive Session on 31 March 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 1 Nov 03, w/atchs.
    Exhibit B.  Letter, AFPC/DPAPP2, dated 18 Dec 03.
    Exhibit C.  Letter, SAF/MRBR, dated 9 Jan 04.
    Exhibit D.  Applicant’s response, undated.