RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-01033

 						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

Her Permanent Change of Station (PCS) orders from the Pentagon, VA to Marine Corps Base (MCB) Quantico, VA be amended to reflect PCS code “V” to allow a Low Cost/No Cost (LCNC) PCS reassignment.  

She be granted a Basic Allowance for Housing (BAH) waiver.

APPLICANT CONTENDS THAT:

She was not informed by her losing Military Personnel Flight (MPF) or her Functional Area Manager (FAM) of the option to request a LCNC at the time she accepted her assignment from the Pentagon to Quantico MCB.  She resides in the same residence as when she was assigned to the Pentagon and did not move any household goods or utilize any Joint Travel Regulation (JTR) entitlements.  

She was informed of the LCNC option after signing into her new duty station.  She attempted to request a LCNC but was told she was ineligible per AFI 36-2110, Assignments, since she should have initiated the request before her PCS.  She contacted her losing MPF on numerous occasions and was told there was nothing they could do.  She also contacted her FAM who provided her the same answer.  She initiated a Case Management System (CMS) application to AFPC which was denied on 29 February 2016.  This is an injustice because the appropriate offices failed to advise her of her PCS options.  There is a $500 a month difference between the BAH rate she is receiving for Quantico MCB and the BAH rate she received while stationed at the Pentagon.  

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

STATEMENT OF FACTS:

The applicant is in the Regular Air Force currently serving in the grade of SMSgt (E-8).  

Per AF Form 899, Request and Authorization for PCS-Military, Special Order AJ-017871, dated 30 November 2015, the applicant was reassigned from HQ USAF/A4, Pentagon, VA to Air Force Office of Special Investigations (AFOSI), MCB, Quantico VA, with a Report Not Later Than Date (RNLTD) of 19 December 2015.  Item 19, Authority and PCS Code, reflects “E” which denotes “PCS Determined by Air Force Needs.”  The applicant’s orders indicate she incurred a 24 month obligation for the reassignment.  The Military Personnel Data System (MILPDS) reflects the applicant’s date arrived station (DAS) at MCB Quantico as 9 December 2015.  

According to the Defense Management Travel Management Office website, the 2017 monthly BAH rate for a SMSgt without dependents assigned to the Washington, DC Metro Area is $2328.00 while the monthly BAH rate for Quantico/Woodbridge, VA is $1617.00.  

For BAH waiver, the Joint Travel Regulation (JTR), para 10400-B1(a) and (b) states, “If a member is reassigned under the conditions of a low-cost or no-cost PCS and not authorized a HHG move, the housing allowance is based on the old PDS if: (a) Requested by the member, and (b) The service selected decision process determines that it would be inequitable to base the member’s allowance on the housing cost in the new PDS area to which the member is assigned.” 

The applicant is approved for retirement effective 1 January 2018.

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 for change of PCS ID code to “V” to permit a LCNC move.  The priority of the Air Force was met by moving the applicant on PCS ID code “E.”  Moving the applicant under a LCNC provision would not have met the requirement.  Additionally, in accordance with AFI 36-2110, Assignments, the fact that an individual can be moved under a LCNC provision is not the primary consideration in the assignment selection process.  Although there are moves in the area where LCNC moves are approved, this is not one of those assignments.

The applicant was not offered nor would she have been allowed to move under a LCNC reassignment.  The applicant volunteered for a special duty assignment (SDA) within the virtual Military Personnel Flight vMPF.  The needs of the Air Force are to retain members selected for this type of assignment to fill the position for the period and time indicated by the SDA job description.  The FAM stated the applicant was the number one select in the career field for reassignment and needed to move.  Additionally, a criteria for selecting a member for an assignment is the Date Arrived Station (DAS).  By moving the applicant under a LCNC, the DAS would not be updated and she would still be vulnerable for an assignment.  The needs of the Air Force to retain the applicant selected for a SDA to fulfill their time on station in order to meet the Air Force mission is a criteria.  In this case, the applicant was properly moved under the correct PCS ID code “E.”  

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation(s) was forwarded to the applicant on 17 November 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.  Sufficient relevant evidence has been presented to demonstrate the existence of an injustice.  We note the Air Force office of primary responsibility (OPR) recommends denial stating the applicant was not offered nor would have been allowed to move under a LCNC reassignment based on her selection to fill a special duty assignment and the needs of the Air Force for her to fulfill the time on station requirement in order to meet mission criteria.  However, we disagree.  It is our opinion the Air Force personnel system provides necessary tools and systems capabilities, such as assignment availability codes and assignment freeze codes, to preclude assignment selection in cases such as this and do not find it in the interest of justice to deny the applicant’s request on this basis.  Moreover, the applicant incurred a 24 month active duty service commitment for her PCS reassignment and she will have fulfilled this service obligation prior to her approved retirement on 1 January 2018. Accordingly, we are persuaded the applicant will have paid back the Air Force for her reassignment.  We also note that while the applicant may have been entitled to a fully funded PCS move, she did not change residence, ship household goods 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.  In view of the above, and in the interest of justice, we recommend her record 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:

     a. Her AF Form 899, Request and Authorization for Permanent 
Change of Station – Military, Special Order AJ-017871 dated 30 November 2015, be amended in Item 19, Authority and PCS Code, to reflect PCS ID “V.”

     b. On 9 December 2015 (her DAS at Marine Corps Base, Quantico, VA), she was approved for a Basic Allowance for Housing (BAH) waiver in conjunction with her LCNC PCS reassignment in accordance with the Joint Travel Regulation (JTR), paragraph 10400-B1(a) and (b).  

The following members of the Board considered AFBCMR Docket Number BC-2016-01033 in Executive Session on 3 August 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 in AFBCMR Docket Number BC-2016-01033 was considered:

	Exhibit A.  DD Form 149, dated 29 February 2016, 
			  w/atch.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3DW, dated 15 June 2016.
	Exhibit D.  Letter, AFBCMR, dated 17 November 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 regarding AFBCMR Docket Number BC-2016-01033, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.