RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02100 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His June 2010 Permanent Change of Station (PCS) from Buckley AFB, CO to Schriever AFB, CO be retroactively reclassified as Low Cost/No Cost so he can apply for a Basic Allowance for Housing (BAH) Rate Protection Waiver. ________________________________________________________________ APPLICANT CONTENDS THAT: He should have been advised of, and approved for, a Low Cost/Not Cost PCS when he moved to Schriever AFB, CO. After only one year of a four-year controlled tour at Buckley AFB, CO he was reassigned to Schriever AFB, CO, and received permission from his gaining supervisor to reside in his house near Buckley and commute to Schriever because of the financial damages he would suffer if he had to sell. Although he made his intentions clear to the servicing Military Personnel Flight (MPF), he was not advised of the BAH Rate Protection Waiver or the Low Cost/No Cost assignment classification. He received no PCS entitlements, nor did the AF incur any PCS-related costs. Since that time, he has learned of others who have been approved for both the Low Cost/No Cost and BAH Rate Protection Waiver upon reassignment from Buckley AFB to the Colorado Springs area. In support of his appeal, the applicant provides a copy of his PCS orders. The applicant’s complete submission, with attachment, is at Exhibit A. _______________________________________________________________ STATEMENT OF FACTS: Information extracted from the Military Personnel Data System (MilPDS) indicates the applicant currently serves in the Regular Air Force in the grade of lieutenant colonel (O-5). The remaining relevant facts pertaining to this application, extracted from the applicant’s master personnel records, are described in the letter prepared by the Air Force office of responsibility (OPR) which is included at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPAPA recommends denial. In order to be considered for a low-cost PCS, the member has to specifically ask for consideration and must provide a written statement that he/she will not relocate their household if provided a low-cost PCS. This did not occur in the applicant’s case. Even if he made such a request, it would not have been approved because it has been the policy of this office not to approve low cost assignments between Buckley AFB and other Air Force bases located in the Colorado Springs area. The complete DPAPA evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant reiterates that this was an unexpected reassignment from a 4-year controlled tour required to meet an urgent requirement. As for the requirement to submit a formal request for a low-cost PCS, he was not advised of this requirement by his servicing MPF, but learned of it from another military member. The notion that low cost assignments between Buckley AFB and Air Force bases in the Colorado Springs area are customarily disapproved seems to be arbitrary and not based on fact as he personally knows of two other individuals whose requests were granted. The applicant’s complete response is at Exhibit D. ________________________________________________________________ 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 an error or an injustice. The applicant contends that his Military Personnel Flight (MPF) failed to advise him that he could have applied for a Low Cost/No Cost PCS. After a thorough review of the evidence of record and the applicant’s complete submission, we believe a preponderance of the evidence supports corrective action. While we note the comments by AFPC/DPAPA indicating it is incumbent upon the member to ask for a Low Cost/No Cost PCS in advance of the assignment being consummated, we find his contention that he was not properly counseled on the procedures required to request consideration for a low cost/no cost PCS reasonable. We also find the evidence supports that the circumstances of his reassignment meet the requirement for designation as a low cost PCS. Therefore, we recommend his records be corrected as indicated below. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that his Permanent Change of Station (PCS) Order (AD-068137, dated 8 April 2010) be amended to change the PCS fund code from “E” to “V.” ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-02100 in Executive Session on 10 Jan 2012 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 23 May 11, w/atch. Exhibit B. Letter, AFPC/DPAPA, dated 7 Nov 11 Exhibit C. Letter, SAF/MRBR, dated 10 Nov 11 Exhibit D. Letter, Applicant, dated 2 Dec 11