RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2007-01216
								INDEX CODE:  128.14
	XXXXXXXXXXXXX				COUNSEL:  NONE

								HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  19 October 2008

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APPLICANT REQUESTS THAT:

He be reimbursed for personal, out-of-pocket expenses of $2,838.00 (moving company), $2,610.00 (required painting expense), $573.46 (Move-In-Housing-Allowance), and $283.80 (required lease registration fee), incurred as a result of an authorized, local, short-distant move due to housing safety hazards.  

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APPLICANT CONTENDS THAT:

He was authorized the move per the JFTR, volume 1, section 5255, paragraph D-1, but the 31st CES Housing Flight Chief acted on his own personal interpretation of the regulation.  In addition, the 31st CES Housing Flight Chief never involved the 31st FW/CC for approval or disapproval, as required by regulation.

His First Sergeant contacted the 31st CES/CC, who approved the move.

In support of his appeal, he has furnished copies of a personal statement, dated 9 April 2007, letters from the housing counselor and previous landlord, dated 22 September 2005, a letter from DET 17 OLB/CC, dated 27 September 2005, e-mails dated 27, 28, and 29 September 2005, and 23 and 24 March 2006, extracts from JFTR v.1 U5355 and JFTR v.1 U10026, and various documents (paint expense letter, moving receipt, lease agreement, and registration receipt) pertaining to his move.

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

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STATEMENT OF FACTS:

Applicant was leasing an off-base residence in the vicinity of Aviano AB, Italy, when, sometime during the summer of 2005, the basement flooded, including some or all of the residential electrical wiring.  He felt this situation posed an unsafe environment for his family, and secured another residence on the economy prior to an inspection of his current residence.  He personally paid the associated costs to perform this move.

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AIR FORCE EVALUATION:

HQ USAF/A7CA-2 recommends denial, as neither sufficient documentation nor supporting testimony from on-site personnel has been provided to support his request.

JFTR Vol. 1, Sec 5355, Para D-1, requires an economy-to-economy move to “be at Government expense, for example, when the member is directed by competent authority to vacate local economy quarters because the commander has: (1) determined the member’s residence does not meet Service health or sanitation standards, or (2) placed the housing area/complex “off-limits”.”  Applicant has not provided documentation where the 31st FW/CC or 31st CES/CC made this determination.

AFI 32-6001, Para 4.6.2, states “With written approval from the Commander, assign housing as an out-of-turn assignment for hardship conditions.  Assign members to the next uncommitted unit in the appropriate grade and bedroom category to satisfy the requirement, and do not allow a turndown option.”  Applicant has not provided documentation where the 31st FW/CC or 31st CES/CC made this determination.

AFI 32-6001, Para 6.5, states “When involuntary relocations are required to complete emergency repairs and major renovation projects, the Commander directs residents to relocate to other FH or to community housing.”  Applicant has not provided documentation where the 31st FW/CC or 31st CES/CC made this determination.

According to the 31st CES Housing Flight Chief during the incident; “I’m pretty sure we visited the home and couldn’t find where the home was not livable after the water was removed, and that’s why we didn’t authorize an economy-to-economy move.  If the member asked for a government move from an economy unit because of livability issues, standard practice was to offer government housing first.  We would never have moved a member from economy-to-economy housing without the CC’s approval.  Period!  If that document isn’t available, we didn’t recommend the government pay the move.”

Applicant relocated to another economy house without proper authorization, and this action required him to incur a financial obligation for which he expected reimbursement, even though he had been advised prior to the relocation that reimbursement was not authorized.  The quarters are currently occupied by another military family, and while the residence stood vacant for several months and it is impossible to know if the landlord made improvements to the quarters, it is clear this facility was never posted as an off-limits facility.

Although they recommend denial, if the decision is made to grant the relief sought, they recommend $5,265 should be reimbursed based on the following breakdown of costs:

		$2,610 – Estimate to perform a government contracted 
                   move
		$2,132 – Painting expenses based on his contract
		$  523 – Move In Housing Allowance

The USAF/A7CA-2 evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was forwarded to the applicant on 13 July 2007, for review and comment, within 30 days.  However, as of this date, no response has been received by this office.

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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; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. Based on the evidence of record and the documentation provided, it appears that the applicant relocated to another economy house without proper authorization.  If he can provide documentation that no government housing was available, or that the proper command authorities approved his relocation to another economy house, we will reconsider his application.  However, 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 Docket Number BC-2007-01216 in Executive Session on 30 August 2007, under the provisions of AFI 36-2603:

				XXXXXXXXXX, Panel Chair
				XXXXXXXXXX, Member
				XXXXXXXXXX, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 9 Apr 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ USAF/A7CA-2, dated 13 Jun 07.
    Exhibit D.  Letter, SAF/MRBR, dated 13 Jul 07.

                                   XXXXXXXXXX
                                   Panel Chair