RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-02753 

 						COUNSEL: NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

He be paid for his Temporary Duty (TDY) enroute to his Permanent Change of Station (PCS) assignment. 

APPLICANT CONTENDS THAT:

Because a TDY enroute cannot be at the same location as the PCS assignment, he has not been paid for his TDY.  He reported to his unit on 28 December 2015.  

He requests he receive $5,148 for lodging expenses and $3,741 for per diem, meals and incidentals (M&IE) for his TDY enroute to his PCS assignment.  

He received notification for follow on training after his cross training.  In an e-mail, he was advised that he was not to report to his unit until this training was completed.  He then received another e-mail which provided the fund cite for the TDY enroute training at Lackland AFB, TX.  He was instructed to have the information included on his PCS orders.  He provided the information to his Military Personnel Flight (MPF) and the TDY enroute for training was placed on his PCS orders.  He departed his base on 24 September 2015, arrived at the Kelly Inn lodging on 27 September 2015 and reported to class on 28 September 2015.  During this entire process, he was never given the option to PCS prior to attending the class.  

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

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 19 January 2010 and was honorably discharged on 18 July 2017.  He was credited with 7 years and 6 months of active duty service.  

In support of his request, the applicant provides an e-mail from the 39th Information Operations Squadron (39 IOS) Registrar, dated 28 May 2015 which notified him he was scheduled for TDY enroute training at his PCS location.  

In a letter dated 18 August 2015, the 39 IOS Resource Advisor provided a fund cite authorization letter for his TDY enroute prior to his PCS.    

The applicant’s AF Form 899, Request and Authorization for Permanent Change of Station-Military, Special Order Number AI-126570 dated 31 August 2015, reassigned the applicant from Nellis AFB, NV to Joint Base San Antonio Lackland (JBSA-Lackland), TX with 11 January 2015 Report Not Later than Date (RNLTD).  Item 22, Remarks, includes TDY enroute at JBSA-Lackland, TX for training from 28 September to 28 December 2015.   

AFI 36-2110, Assignments, Table 4.1, TDY to Attend Courses of Instruction in Conjunction With PCS, states “Do not direct TDY enroute PCS for members whose TDY location is within commuting distance of either the losing or gaining base.”

In a letter dated 19 December 2016, the AFBCMR informed the applicant there was an administrative remedy available for him to pursue and provided him with a DD Form 2789, Remission/Waiver of Indebtedness Application, for submission to his finance office and to the Defense Finance Accounting Service (DFAS).  The applicant was informed the AFBCMR is the highest administrative level of appeal in the Air Force and he should exhaust the available administrative level of appeal prior to seeking relief through the AFBCMR.   AFI 36-2603, Air Force Board for Correction of Military Records, paragraph 4.7.3 requires that if an applicant has not exhausted all available effective administrative remedies, the application would be denied by the Board.   The applicant was requested to provide a response within 30 days should he desire his case be administratively closed to pursue application to the Debt Remissions Board.  

The remaining relevant facts pertaining to this application are contained in the memoranda prepared by the Air Force offices of primary responsibility, which are attached at Exhibits C and D.  

AIR FORCE EVALUATION:

AFPC/DP3AM recommends approval.  The documentation provided clearly states the applicant was directed to proceed on TDY and would be compensated for expenses incurred during the TDY enroute assignment.  It is clear, the applicant was unaware of the restrictions identified in AFI 36-2110.  

A complete copy of the AFPC/DP3AM evaluation is at Exhibit C.

DFAS/HGE states the best approach to handle the debt is for the Air Force to utilize the remission authority.  It is clear the applicant followed the instructions and orders as they were given to him.  He passed the course and was awarded the Air Force Specialty Code (AFSC) 1B431, Cyber Warfare Operations.  The documents show he spent the TDY money for the purpose for which it was intended, to pay for his lodging and other expenses while he was in the Cyber Warfare Operations Initial Skills Course.

The applicant should have been in a TDY status during the time of his attendance at the Cyberwarfare Operations Initial Skills Course held at JBSA from 28 September through 27 December 2016.  When he completed the course, he was awarded the apprentice skill level and was eligible to PCS to JBSA effective 28 December 2016.  AFI 36-2110, Table 4.1, Rule 9 states if satisfactory completion of training is a prerequisite for the next assignment, then the applicant is not permitted to make the PCS to the new duty station first and then attend training via TDY and return to the new base.  The reason the applicant should not have been on TDY enroute orders is due to Note 5 which states for members performing TDY enroute, the PCS also begins upon departure from their current station, therefore members must meet all PCS eligibility requirements.  Since the applicant did not have the necessary AFSC for the PCS, he was not eligible for the TDY enroute.  

A complete copy of the DFAS/HGE e-mail evaluation is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He went to his finance office on whether he could submit the DD Form 2789.  However, he was advised that because he was not paid and has not incurred a debt to be waived, he is not eligible to apply for a remission/waiver of his debt.  His AFBCMR package was submitted in order to receive the entitlement he was told he would receive after being ordered to go TDY enroute.  He inquired about any other process that might be available to resolve this issue at the local level and was told there was none.  He requested his finance office provide a letter stating he had exhausted all administrative remedies through his local base finance office and was told they do not provide such letters.

He was advised by a fellow classmate who submitted a similar AFBCMR package in regards to this issue and his response from the AFBCMR stated he had exhausted the available administrative remedy and was not provided with a DD Form 2789.

A complete copy of the applicant’s response 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 error or injustice.  We note DFAS/HGE states it is clear the applicant followed the orders provided to him but recommends the case be resolved utilizing the debt remissions process.  However, as pointed out by the applicant, he was not paid for his TDY and did not incur a debt.  As a result, he was advised by his finance office that he is not eligible for application to the Debt Remissions Board.  In view of this, we are persuaded the applicant has exhausted available administrative remedies and his case is ripe for adjudication by this Board.  After a thorough review of the evidence of record and the applicant’s complete submission, we believe corrective action is warranted.  Accordingly, we agree with the opinion and recommendation of AFPC/DP3AM and adopt its rationale as the basis for our conclusion the applicant has been the victim of an error or injustice.   Therefore, we recommend the applicant’s 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:

a. He was on temporary duty (TDY) assignment at his permanent duty station, Joint Base San Antonio-Lackland, TX from 28 September 2015 to 28 December 2015 as listed on his AF Form 899, Request and Authorization for Permanent Change of Station – Military, Special Order AI-126570, dated 31 August 2015.

b. He be reimbursed for the cost of lodging, mileage and expenses incurred and be paid TDY per diem.   

The following members of the Board considered AFBCMR Docket Number BC-2016-02753 in Executive Session on 7 September 2017 under the provisions of AFI 36-2603:

	 , Panel Chair
	 , Member
	 , Member

All members voted to correct the records as recommended.  The following documentary pertaining to AFBCMR BC-2016-02753 was considered:
	
	Exhibit A.  DD Form 149, dated 30 June 2016, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3AM, dated 
  16 September 2016.
	Exhibit D.  E-mail, DFAS/HE, dated 27 September 2016.
	Exhibit E.  Letter, AFBCMR, dated 19 December 2016.
	Exhibit F.  Letter, Applicant, dated 19 January 2017.