RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-03939
		
 						COUNSEL:  NONE

						HEARING DESIRED:  YES

APPLICANT REQUESTS THAT:

His Permanent Change of Station (PCS) orders from Joint Base Anacostia-Bolling (JBAB), Washington, DC to Marine Corps Base (MCB) Quantico, VA be amended to reflect PCS code “V” to allow a Low Cost/No Cost (LCNC) PCS reassignment.  

APPLICANT CONTENDS THAT:

His request for a BAH waiver was denied.  He followed proper protocol in requesting a PCS code change with AFPC.  Although AFPC refused to code his PCS as a LCNC, the reality is that since late 2012 he has resided at the same address in Alexandria, VA while assigned to Joint Base Andrews, JBAB and now MCB Quantico.  

AFPC denied the request for a change in his PCS code based on the fact that a LCNC would not result in him incurring a new PCS Date Arrived Station (DAS) or an Active Duty Service Commitment (ADSC) for the PCS.  He is not interested in changing either of these factors; however, he requests relief for financial hardship of the new BAH zone.  After volunteering for the assignment without any moving costs to the Air Force, his Basic Allowance for Housing (BAH) rate dropped by $4,896 per year, although his commute only increased by 20 minutes.  This has placed him in a unique financial hardship where remaining in the Air Force no longer seems sustainable.

He planned on residing at the same address under the same BAH rate he previously held based on the success of other members who  were able to obtain a BAH waiver.  Several other members in his same situation faced similar circumstances but met less resistance in changing their PCS code to a LCNC.  A long term solution is required to clarify personnel policy so that a routine PCS can be accomplished while allowing a LCNC.   

In support of his request, the applicant provides a copy of his AFPC MyPers disapproval notification dated 25 February 2015 which states that per AFI 36-2110, Assignments, the fact that an individual can be moved under LCNC is not the primary consideration for assignment selection and PCS based upon qualifications, eligibility for PCS and assignment selection priorities are factors for consideration in the assignment selection process.  The AFOSI selected him to fill a position utilizing the knowledge received from NIU and with that came a commitment to serve in the position for a reasonable payback period.  This is the reason a LCNC was never offered.

The applicant also provides a copy of an e-mail from AF/A1PA dated 2 September 2015 which states without approval from AFPC for a LCNC move, A1PA cannot consider a BAH waiver.  LCNC PCS move does not recognize the requirements associated with a controlled tour for attendance at an AFIT course.  Therefore, the assignment classified as a routine PCS renders him ineligible for a LCNC move.  The response from AFPC was accurate and explained why the codes “V” or “M” could not be applied.

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

STATEMENT OF FACTS:

The applicant is in the Regular Air Force currently serving in the grade of Master Sergeant (MSgt, E-7).  

Per AF Form 899, Request and Authorization for PCS-Military, Special Order AI-077054, dated 28 April 2015, the applicant was reassigned from Air Force Elements Defense Intelligence Agency (AFELM DIA), Washington, DC to Office of Special Investigations, Quantico, VA with Report Not Later Than Date (RNLTD) of 31 August 2015.  Item 19, Authority and PCS Code, reflects “E” which denotes “PCS Determined by Air Force Needs.”

The Military Personnel Data System (MilPDS) reflects the applicant’s Date Arrived Station (DAS) at MCB Quantico, VA as 3 August 2015.  On 7 December 2016, the applicant was selected for an intra-command AFOSI reassignment to Germany with RNLTD 31 August 2017.  

According to the Defense Management Travel Management Office website, the 2017 monthly BAH rate for a MSgt with dependents assigned to the Washington, DC Metro Area is $2691.00 while the BAH monthly rate for Quantico/Woodbridge, VA is $1872.00.

For BAH waiver, the Joint Travel Regulation (JTR), para 10402-B1(a) and (b) states, Disadvantaged as a result of reassignment for reasons of improving mission capability and readiness of the unit in receipt of a PCS authorization/order between Permanent Duty Stations (PDS) located in the same proximity, and disallowed Household Good (HHG) movement.  The Secretarial Process must issue a determination that a decision to implement this policy is in the interest of correcting an inequity incurred due to movement of the individual for purposes of improving mission capability and unit readiness.  Necessary short distance HHG moves (either intra-city or inter-city) within prescribed weight allowance (unless otherwise noted) are authorized within the same city, town or metropolitan area upon reassignment or PCS short distance intra/inter-city.

The remaining relevant facts pertaining to this application are described in the memorandums prepared by the Air Force offices of primary responsibility (OPR), which are included at Exhibits C and D.

AIR FORCE EVALUATION:

AFPC/DP3DW recommends denial.  In accordance with AFI 36-2110, Assignments, the fact that an individual can be moved under a LCNC provision will not be the primary consideration in the assignment selection process.  Although the applicant could have been offered a LCNC, the functional manager at the time did not offer it based on the discussion thread from MyPers Total Force Center dated 25 February 2015 which states “Selected to fill a position utilizing knowledge received from the NIU.  With that comes the commitment to serve in the position for a reasonable payback period.”  
 
A complete copy of the AFPC/DP3DW evaluation is at Exhibit C.

AF/A1PA states the application should be routed to AFPC for an advisory opinion.  The applicant is requesting to have his PCS order amended to reflect a PCS code of “V” instead of “E” to allow a LCNC.  Assignment matters and PCS order codes are handled by AFPC.  

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

As recommended, he has contacted AF/A1PA several times starting on 13 June 2016 to request approval for a BAH waiver in accordance with the JTR.  On 22 June 2016, he explained the situation at length to the OPR who opined he did not qualify for a BAH waiver under his circumstance.  He explained his move was at no cost to the Air Force and he continues to live in the same residence as he has for the past three years in the National Capital Region (NCR).  He was informed that AF/A1PA only grants BAH waivers for those with a LCNC PCS code or for those whose dependents with certain school situations which cause undue hardship.  At this point, all administrative avenues of relief have been exhausted.

In further support of his request, the applicant provides e-mail communique dated 13 June 2016 in which AF/A1PA advises the applicant they are unable to override the decision by AFPC to consider a LCNC move BAH waiver.  The decision for a LCNC is made in advance of the PCS move by AFPC and not their office.  He also provides e-mail dated 17 June 2016 which states AFPC’s stance is that he does not qualify for a LCNC PCS and they suggested he ask for a BAH waiver under the JTR which is separate from the LCNC request.

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

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 injustice.  We note AFPC/DP3DW states the applicant could have been offered a LCNC PCS but that he was not selected for reassignment based on this criteria and recommends he pursue a BAH waiver through AF/A1PA.  However, AF/A1PA states they are unable to consider the applicant for a BAH waiver in accordance with the JTR since the applicant’s PCS order was not coded as a LCNC.  Having considered the advisory opinions and all the facts and circumstances of this case, it is our opinion the applicant made a career decision in volunteering for reassignment from Bolling AFB to MCB Quantico, approximately 36 miles in distance, with the belief he would not be financially harmed.  In this respect, we note that while the applicant was entitled to a fully funded PCS order consistent with normal PCS, he did not change residence, ship HHG or use any PCS entitlements which benefitted the Air Force but incurred a significant financial loss as a result of the change in BAH zone.  Furthermore, we note AFPC/DP3DW states the rationale the applicant was not offered a LCNC was to ensure the gaining unit would benefit and receive “payback” for his education and training gained at NIU.  In this respect, we find it important to note the Air Force is benefiting from the applicant’s service as he completes his required time-on-station at MCB Quantico prior to his intra-command reassignment to Germany in August 2017, in accordance with AFI 36-2110.  Accordingly, it is our opinion the applicant has paid back the Air Force with the skills gained at NIU and his experience and training will continue to benefit the Air Force in his upcoming assignment.  In view of the above, we are persuaded it is in the interest of justice to amend the applicant’s PCS order to reflect a LCNC reassignment and he be granted a BAH waiver for the LCNC.  Accordingly, we recommend his record be corrected as indicated below.  

4.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that:

     a. His AF Form 899, Request and Authorization for Permanent 
Change of Station – Military, Special Order AI-077054 dated 28 April 2015, be amended in Item 19, Authority and PCS Code, to reflect PCS ID “V.”

     b. On 3 August 2015 (his DAS at Marine Corps Base, Quantico, VA), he was approved for a Basic Allowance for Housing (BAH) waiver in conjunction with his LCNC PCS reassignment in accordance with the Joint Travel Regulation (JTR), paragraph 10402-B1(a) and (b).  

The following members of the Board considered AFBCMR Docket Number BC-2015-03939 in Executive Session on 8 September 2016 under the provisions of AFI 36-2603:

 , Panel Chair
 , Member
 , Member

All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-03939 was considered:

	Exhibit A.  DD Form 149, dated 8 September 2015, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3DW, dated 2 May 2016.
	Exhibit D.  E-mail, AF/A1PA, dated 6 May 2016.  
	Exhibit E.  Letter, AFBCMR, dated 1 June 2016.
	Exhibit F.  Letter, Applicant, undated, w/atchs.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.