RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:	BC-2014-03288 COUNSEL:	NONE
HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
He be reimbursed the cost of transportation entitlements for his three dependents Consecutive Overseas Tour (COT) travel from Germany (GE) to New York (NY) in conjunction with his Permanent Change of Station (PCS) travel to Mildenhall, United Kingdom (UK).

APPLICANT CONTENDS THAT:
After receiving his out-processing checklist, he contacted the passport office to find out the process for obtaining visas for his family. He was advised that he must have his PCS orders in hand before he could submit the visa application. Due to delays in his dependents medical clearance and receiving his PCS orders, his family would have to return to GE after his COT leave to process their visas before going to the UK. During his out-processing, he explained the situation to his assignment counselor and was allowed to out-process Ramstein Air Base.

After his COT leave, he returned to GE with his family; where they remained with friends, while he drove to the UK. He arrived to Mildenhall on 13 Jan 14, and immediately started the visa applications. He was advised by an individual in Finance that once his dependents visas were approved, he could fly them to Mildenhall and the cost would be covered on their travel voucher. He then purchased plane tickets from GE to the UK for his family. His family arrived on 5 Feb 14, at which time he filed their travel voucher. After he received payment of the voucher and questioned the discrepancy in pay, he was told that his dependent’s tickets were not reimbursable. According to the Air Force Personnel Center, GE was not an approved stopping location; he should have gone on COT leave and returned to the UK with his family. He was never informed that he could not do this prior to his final out-processing appointment.

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

STATEMENT OF FACTS:
The applicant is currently serving in the Regular Air Force in the grade of staff sergeant (E-5).

The Joint Federal Travel Regulation (JFTR) establishes the entitlement and eligibility for the consecutive overseas tour (COT) leave travel entitlement. The entitlement states eligible members and their eligible dependents, if any, are entitled to the travel and allowances authorized in Ch 5, Part B and C, for COT leave travel between authorized locations. Members and authorized command-sponsored dependents who qualify for COT leave travel are paid for transportation costs from the member’s permanent duty station (PDS) to the member’s home of record (HOR); members can travel to any other location, however, reimbursement is limited to the round-trip cost to the member’s HOR.

The remaining relevant facts pertaining to this application are described in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is included at Exhibit C.

AIR FORCE EVALUATION:
USAF/A1PA does not make a recommendation. After the COT travel to NY, the applicant’s dependents had a final destination location of GE and not the new OCONUS of RAF Mildenhall. As a result the applicant was not reimbursed for his dependents round trip travel from GE to NY and return to GE.

In Mar 13, the applicant received his assignment notification for reassignment from Ramstein AB, GE to RAF Mildenhall, UK with a report not later than date (RNLTD) of 7 Jan 14.

In Apr 13, the applicant received his out-processing checklist.
On 26 Nov 13, the applicant submitted his completed AF Form 1466, Request for Family Members and Educational Clearance for Travel, in order to obtain his PCS orders.

On 9 Dec 13, the applicant’s PCS orders, dated 9 Dec 13, were issued with a report not later than date (RNLTD) of 15 Jan 14.

On 23 Dec 13, the applicant completed his final out-processing appointment without his dependents visas.

On 24 Dec 14, the applicant and dependents travelled from GE to Binghamton, NY.

On 11 Jan 14, the applicant and dependents travelled from NY to GE.

According to the applicant, on 13 Jan 14, he arrived at Mildenhall; his dependents remained in GE.

On 14 Jan 14, the applicant submitted UK visa applications for his dependents.

In review of the applicant’s timeline, starting with his PCS notification in Mar 13, it is clear that he contributed to the delay in receiving his orders based on his lack of compliance with the AFI to complete the AF Form 1466. The applicant’s supporting documents recite various assertions that he received inadequate advice or counseling. It is notable that the applicant delayed submitting applications for dependent visas until after he returned from COT travel in Jan 14. He has not offered any explanation as to why he failed to take earlier action. The visa applications could have been completed and possibly mailed to the applicant at the leave address in NY.

However, the applicant was allowed to final out-process from GE without the required visas in hand for his dependents which was an event that directly contradicted AFI 36-2102. The AF representative’s failure to comply with the AFI requirements was a material error that contributed to the applicant’s incurring a non-reimbursable travel expense. Although dependent travel did not technically comply with the JFTR, it appears the Board’s approval for travel reimbursement would not violate a Public Law.

A complete copy of the AF/A1PA evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air  Force evaluation was forwarded to the applicant on 17 Nov 14 for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office.

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 warranting partial corrective action. After a thorough review of the evidence of record and the applicant’s complete submission, we believe the applicant is the victim of an error. While we note the comments of AF/A1PA indicating that the applicant contributed to the delay in receiving his PCS orders, we believe
1.	
the applicant should be reimbursed the cost of travel for his dependents from Germany to New York and return to the United Kingdom. In this respect, we are persuaded the applicant was not provided appropriate counseling concerning visa application processing and COT travel for his PCS assignment as evidenced by the fact he was allowed to out-process the base without the required visas in hand for his dependents. 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 dependents performed Consecutive Overseas Tour (COT) travel in conjunction with their PCS travel from Ramstein Germany to RAF Mildenhall United Kingdom; which entitled him to reimbursement of, $4,610.94, for his dependent’s airfare from Germany to New York, and New York to the United Kingdom

The following members of the Board considered AFBCMR Docket Number BC-2014-03288 in Executive Session on 21 May 15, under the provisions of AFI 36-2603:

All members voted to correct the records as recommended. The following documentary evidence pertaining to AFBCMR  Docket Number BC-2014-03288 was considered:

Exhibit A.	DD Form 149, dated 31 Jul 14, w/atchs. Exhibit B.	Applicant's Master Personnel Records. Exhibit C.	Memorandum, HAF/A1PA, dated 29 Sep 14. Exhibit D.	Letter, SAF/MRBR, dated 17 Nov 14.