RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2014-05132

 						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His dependent child’s address on his Permanent Change of Station (PCS) orders from Nellis AFB, NV to Kunsan AB, Korea with a Report Not Later than Date (RNLTD) of 10 September 2012 be amended back to reflect Nevada instead of California.  

APPLICANT CONTENDS THAT:

His dependent child was living with him at Nellis AFB, NV before his PCS to Korea.  She was relocated to California for child care reasons at his own expense.  His initial PCS order correctly states she will remain at Nellis AFB for the duration of his tour at Kunsan AB.  Only an update in the Defense Enrollment Eligibility Reporting System (DEERS) update was required, his PCS orders should not have been amended.  The change inadvertently made his records appear as though his dependent was not living with him before his PCS to Kunsan AB incorrectly classifying him as a non-custodial parent.

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

STATEMENT OF FACTS:

The applicant is currently in the Regular Air Force serving in the grade of Technical Sergeant (TSgt, E-6). 

AF Form 899, Request and Authorization for Permanent Change of Station-Military, Special Order AF 105718, dated 26 June 2012, reflects the applicant was reassigned from Nellis AFB, NV to Kunsan AB, Korea, an unaccompanied, dependent restricted location, with RNLTD of 10 September 2012.  The PCS order reflects his dependent child’s address as Henderson, NV.  

AF IMT 973, Request and Authorization for Change of Administrative Orders, Special Order AF 135229 dated 11 September 2012, amended the applicant’s PCS orders to reflect his dependent child’s address as Grass Valley, CA.  

The applicant’s follow-on assignment PCS orders, AF Form 899, Special Order AG-124816, dated 26 July 2013, reassigning him from Kunsan AB, Korea to Aviano AB, Italy with a RNLTD of 31 October 2013 reflects his dependent child’s address as Grass Valley, CA and that the applicant elected the unaccompanied tour.  

AFI 36-3026, Identification Cards for Members of the Uniformed Services, Their Eligible Family Members, and Other Eligible Personnel, Table 8.1, Item 4, states “Ensure all addresses are kept current in DEERS.  It is mandatory that all active duty, Guard and Reserve personnel update their residential address in DEERS within 30 days of a residential move.”

Joint Travel Regulation (JTR), Chapter 10, states a member who has legal and physical custody of dependents and is not assigned adequate family quarters is authorized Basic Allowance for Housing (BAH) at the with dependent rate.  Members who are assigned to a single type quarters and who is authorized BAH solely by reason of the member’s payment of child support is authorized the BAH-Differential (BAH-DIFF) rate.  Paragraph 10118-B3 further states for a child born out of wedlock the BAH-DIFF rules apply when the child is not in the custody of the member.  Effective 2 February 2005, a single or divorced member who maintains legal and physical custody of a child(ren) before receipt of a PCS authorization/order to an unaccompanied tour may continue to be paid BAH at the with dependent rate, for last permanent duty station or designated location for certain periods if the requirements of paragraph 1042-A are met.  Paragraph 1042-A states the decree must be specific on the time period the member has legal and physical custody.  BAH at the with-dependent rate is authorized only for the time period the member would have custody of the child(ren) if not serving on the unaccompanied tour.  The member must, for military necessity, place the child(ren) in the physical custody of a relative or care giver designated by the member to be authorized BAH or Overseas Housing Allowance (OHA) at the with-dependent rate.  

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

AIR FORCE EVALUATION:

AFPC/DP3SA recommends any changes made to the applicant’s assignment travel orders take into consideration the child’s DEERS address listed on 23 April 2012 which differs from the applicant’s residence.  The applicant’s dependent’s address was listed correctly in DEERS as required by AFI 36-3026, Chapter 8, paragraph 8.1. which stipulate sponsors to report changes in DEERS for dependent family members within 30 days.  

The dependent’s address reflected Grass Valley, CA effective 23 April 2012.  No other address changes were reported to DEERS during the time periods from 23 April 2012 to 11 September 2012 concerning the information listed on the AF Form 899.  

A complete copy of the AFPC/DP3SA 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 11 May 2016 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.  Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.   The applicant states his dependent child resided with him at Nellis AFB, NV prior to his PCS to Kunsan AB, Korea and that the amendments published on 11 September 2012 showing her address as Grass Valley, CA is incorrect and caused him to lose entitlements due to him as the custodial parent.  However, the applicant has provided no evidence to indicate his dependent’s address listed as Grass Valley, CA in DEERS as of 23 April 2012 is incorrect or that the amendments to his PCS orders are in error.  In this respect, the applicant has provided no evidence of custody or guardianship.  While he provides a birth certificate which indicates he is the biological father, it is insufficient to determine custody as required by the JTR.  We are also persuaded the applicant’s follow-on assignment PCS order to Aviano AB, Italy published on 26 July 2013 also reflects his dependent’s address as Grass Valley, CA and that the applicant elected the unaccompanied rather than the accompanied tour.  In view of the above, it is our opinion the applicant has not sustained his burden of proof to warrant granting the requested relief.  However, should the applicant provide evidence of legal guardianship or a custodial agreement, the Board would be willing to reconsider his request.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

The following members of the Board considered AFBCMR Docket Number BC-2014-05132 in Executive Session on and 27 May and 13 June 2016 under the provisions of AFI 36-2603:

	 , Panel Chair
	 , Member
	 , Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 14 July 2014, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SA, dated 19 November 2015.
	Exhibit D.  Letter, AFBCMR, dated 11 May 2016.
	Exhibit E.  E-mail, AFBCMR, dated 11 May 2016. 
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