RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-00552

XXXXXXXXXXXXXXXX			COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

Her permanent change of station (PCS) move to Nellis AFB be designated as a low-cost move [ID code “V”] rather than a funded PCS [ID code “E”].

APPLICANT CONTENDS THAT:

Her young children needed stability due to the adverse affects her divorce had on them.  In addition, one of her children has medical needs that required enrollment in the Exceptional Family Member Program (EFMP).  As a military member she is required to PCS and deploy; however, now that she is a single parent, she feared her children’s lives would be negatively impacted if she remained on active duty.  Therefore, to reduce the chances of further upsetting their lives, she applied for a retirement waiver numerous times; however, they were all disapproved.

On 20 March 2014, she was notified of her promotion to the grade of senior master sergeant (E-8), which was within a month of her arrival at Creech AFB.  Shortly thereafter, the assignments chief informed her he wanted to discuss a low-cost move to Nellis AFB. However, following his discussion with her commander, they agreed she would remain at Creech AFB for 1 year to ensure continuity of the newly created position she was in, but she would subsequently be allowed a low-cost PCS to Nellis AFB.  In January 2015, the assignment chief informed her she would not PCS in March due to the impending release of SMSgt promotion results.

On 6 October 2015, she was notified of an assignment to Nellis AFB with a report not later than date of 30 October 2015.  She submitted the required low-cost move request and both her gaining and losing commanders recommended approval.  However, her assignments chief reneged on his agreement with the commander and disapproved her request for a low-cost move.  Therefore, her move to Nellis AFB was considered a funded PCS, which required a 24-month Active Duty Service Commitment (ADSC).  In July 2016, she would have fulfilled the 2-year ADSC required for her promotion to the grade of senior master sergeant and would have been able to retire.  However, the funded PCS would now create another 24-month ADSC requirement, which would not be necessary had she been approved for a low-cost move.  This is unjust – especially given her PCS to Nellis AFB was at no cost to the government and both her losing and gaining commanders recommended approval.

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 senior master sergeant (SMSgt, E-8) with an effective date of 1 July 2014.

Information extracted from the Retrieval Application Websites (RAW), indicates the applicant arrived at Creech AFB, on or about 4 March 2014.

On 24 March 2014, the applicant signed a statement of understanding accepting her promotion to the grade of senior master sergeant and acknowledged she would incur a 2-year ADSC effective the date of her promotion.

According to AF Form 899, Request and Authorization for Permanent Change of Station – Military, Special Order Number AJ-007218 dated 23 October 2015, the applicant was reassigned from Creech AFB to Nellis AFB, NV with a PCS ID code “E.”

According to information extracted from RAW, the applicant arrived at Nellis AFB on or about 30 October 2015.

According to Special Orders No. AC-004117 dated 8 March 2017, the applicant will be relived from active duty on 31 October 2017, and retired effective 1 November 2017.

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/DP3DW recommends denial indicating there is no evidence of an error or an injustice.  The applicant’s move from Creech AFB to Nellis AFB was considered a funded PCS, which required a 24-month ADSC.  The driving factor in this assignment was based on the applicant’s promotion to the grade of senior master sergeant, which created an Air Force leveling requirement to match her to a position commensurate with her new grade within her Air Force Specialty Code (AFSC).  Creech AFB did not have a position for a senior master sergeant in AFSC 1C1X1 [Air Traffic Control].  However, Nellis AFB and Altus AFB did have a requirement.  The decision to move the applicant was to fill a valid vacancy based on the needs of the Air Force, which was met by moving the applicant as a funded PCS.  Moving her under a low-cost would not have met the requirement.  In addition, AFI 36-2110, Assignments, paragraph 2.50 (Low-Cost PCS) states:  “The fact that an individual could be moved under low-cost PCS provisions will not be the primary consideration in the assignment selection process.”  There was no requirement for a SMSgt 1C1X1 at Creech AFB.  In order to place the applicant into a position commensurate with her grade, she was originally offered a low-cost PCS to Nellis AFB to fill a valid Air Force vacancy.  She declined the low-cost move, and was subsequently placed on the enlisted quarterly assignment listing.  She was matched to Altus AFB; however, due to EFMP requirements, the assignment was cancelled.  The offices of EFMP, Policy, and the Air Force Personnel Center Functional Area Manager made the decision to move the applicant to Nellis AFB, as an operationally funded move to meet Air Force leveling and EFMP requirements.

A complete copy of the AFPC/DP3DW evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

She was offered a low-cost move to Nellis AFB within a month of her PCS to Creech AFB in March 2014.  However, she was in a new special duty position and it was in the best interest of the Air Force to allow her to remain at this location.  Therefore, her commander coordinated with the assignments chief to allow her to remain at Creech AFB for 1 year before she would permit a low-cost move to Nellis AFB.  However, prior to the 1-year mark, she was notified that she would not move to Nellis AFB in March 2015 due to the pending release of senior master sergeant promotion results.  She was later informed by the assignments chief via e-mail that she would be placed on the overseas return assignment listing the following quarter.  No one at Nellis AFB was promoted to the grade of senior master sergeant, which was one of four available bases she could be assigned.  She did not apply for any of the four bases based on the agreement between the assignments chief and her commander 15 months earlier.  The assignments chief had her serve 20 months at Creech AFB before moving her.  He should have honored his agreement with her commander, or he should have moved her when she was first notified of her promotion to the grade of senior master sergeant in March 2014.  She should only be required to incur a 24-month ADSC for the move to Creech AFB, and a 24-month ADSC for her promotion to the grade of senior master sergeant.

The applicant applicant’s complete response is at Exhibit E.

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 error or injustice.  The OPR claims the decision to reassign the applicant from Creech AFB to Nellis AFB as a funded PCS was to fill a valid vacancy based on the needs of the Air Force, and moving her under a low-cost PCS would not have met this requirement; however we disagree.  In this respect we note the OPR similarly asserts the applicant was offered a low-cost PCS following her promotion to the grade of senior master sergeant in order to fill a valid Air Force vacancy and to place her in a position commensurate with her grade.  Although the applicant received a fully funded PCS order to Nellis AFB, consistent with normal PCS selection criteria, she did not change residence and it appears a low-cost PCS to Nellis AFB would have still been in the best interest of both the applicant and the Air Force.  We further note both the applicant’s losing and gaining commanders recommended approval of her low-cost PCS to Nellis AFB.  In view of the foregoing, we believe the interest of justice can best be served by providing the applicant the requested relief.  Accordingly, we recommend the applicant’s records be corrected as set forth 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 her AF Form 899, Request and Authorization for Permanent Change of Station – Military, Special Order Number AJ-007218 dated 23 October 2015, be amended in Item 19, Authority and PCS Code, to reflect PCS ID “V.” 

The following members of the Board considered AFBCMR Docket Number BC-2016-00552 in Executive Session on 15 June 2017, 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-2016-00552 was considered:

Exhibit A.  DD Form 149, dated 2 February 2016, w/atchs.
Exhibit B.  Applicant's Master Personnel Records.
Exhibit C.  Memorandum, AFPC/DP3DW, dated 24 may 2016.
Exhibit D.  Letter, AFBCMR, dated 18 July 2016.
Exhibit E.  Letter, Applicant, dated 29 July 2016.

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.