RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2018-02164

XXXXXXXXXXXXXX	COUNSEL: NONE	 

	HEARING: NO

APPLICANT REQUESTS THAT:

Twenty-one (21) days of charged leave be restored.  

APPLICANT CONTENDS THAT:

His dependents were not authorized to join him in Bujumbura, Burundi, due to the ordered departure of personnel assigned to the US. Embassy.   Subsequently, his orders were changed from accompanied to unaccompanied. His dependents and household goods were relocated to a designated place in the Continental United States (CONUS) before he went to his unit in Lusaka, Zambia.

The Joint Travel Regulation (JTR), para 3, Section U5120 states a service designated official may authorize travel and transportation allowances when a member must travel to a designated place enroute to a permanent duty station.  His amendment (Special Order AI-036348) to his permanent change of station (PCS) Orders (AK-086490) authorized travel to the designated place to assist in the movement of his dependents and household goods.  His family arrived in June 2015, and he did not complete the travel when the orders were issued.  He requests 21 of 26 days leave (27 Jun 17 to 22 Jul 17) be reinstated, as these days were required to schedule, survey, pack and load four separate shipments.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is an Air Force lieutenant colonel.

The applicant provides a letter of support from the Director of Defense Attaché Services, dated 17 May 18, which states he should not have been charged annual leave for the travel required to relocate his family and then complete their household move to his current assignment in Lusaka, Zambia.  

AF IMT 973, Request and Authorization for Change of Administrative Orders, Special Order AK-086490, dated 11 May 17, amended his PCS order, Special Order AI-036348 dated 22 Jan 15, to  include unaccompanied travel to a designated place due to the restriction of dependents not employed by the US Embassy.  

The applicant provides a copy of his travel voucher dated 15 Sep 17, which shows he was charged 26 days of leave from 27 Jun 17 to 22 July 17.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DP2SSM recommends approval.  The applicant was not compensated for his 4 days of proceed time authorized on his orders; he did not receive 10 days of permissive temporary duty (PTDY); and he was required to use ordinary leave to complete his PCS move, to include relocating his dependents and shipment of household goods.

The applicant and his dependents were impacted by unusual circumstances in which his assignment in his prior unit in Bujumbura, Burundi, was changed from an accompanied assignment to a dependent restricted location.  Due to the length of time required to schedule and ship household goods and no fault of the applicant, AFPC/DP2SSM recommends approval.  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 1 Oct 18 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP2SSM and finds that a preponderance of the evidence substantiates the applicant’s contentions.  Therefore, the Board recommends 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 21 days of leave was restored to his leave account commencing the current fiscal year. 

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2018-02164 in Executive Session on 1 Nov 18:

 , Panel Chair
 , Panel Member
 , Panel Member

All members voted to correct the record.  The panel considered the following:  

Exhibit A:	Application, DD Form 149, w/atchs, dated 26 Mar 18.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DDP2SSM, w/atch, dated 25 Sep 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 1 Oct 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.