RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03022 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: She be reimbursed $1,293.13 to offset Temporary Lodging Expenses (TLE) incurred with her Permanent Change of Station (PCS) assignment to Ramstein Air Base (AB), Germany. ________________________________________________________________ APPLICANT CONTENDS THAT: On 2 Jul 12, she received PCS orders to Ramstein AB, GE with a Report Not Later Than Date (RNLTD) of 31 Jul 12. On 14 Jul 12, she moved into temporary lodging and her scheduled port call was 19 Jul 12. As an Enlisted Aide to the then Air Force Vice Chief of Staff, (VCSAF) and the Commander, United States Air Forces Europe (USAFE/CC) nominee, she was not allowed to PCS until both the new VCSAF and USAFE/CC were confirmed. Because the political process delayed the confirmation, she was not allowed to PCS. She was forced to incur out of pocket lodging/subsistence costs beyond which she was compensated. In support of her request, the applicant provides copies of letters from the Department of Hearing and Appeals (DOHA) and Defense Finance and Accounting Service (DFAS), e-mail communique, Memorandum for Record (MFR) from the VCSAF, and various other documents associated with her request. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant is currently serving on active duty in the Regular Air Force. According to AF Form 899, Request and Authorization for Permanent Change of Station – Military, dated 2 Jul 12, she was scheduled to depart for Ramstein AB, GE with a RNLTD of 31 Jul 12. According to AF IMT 973, Request and Authorization for Change of Administrative Orders, dated 30 Jul 12, her RNLTD was changed from 31 Jul 12 to 10 Aug 12. In an undated letter, the Air Force VCSAF prepared a MFR stating the applicant required temporary lodging from 14 Jul 12 to 31 Jul 12. He stated the extra expense was due to the delay in confirmation and subsequent movement of USAF general officers. The Joint Base Andrews NAF, MD Force Support Squadron (FSS) provided the applicant an undated letter titled “Reimbursement for TDY Accommodation for Non-Availability Letter.” The letter states that government quarters were not available from 14 Jul 12 to 31 Jul 12 and that she was authorized reimbursement for lodging accommodations. According to a lodging receipt provided by the applicant, she stayed at the Residence Inn by Marriott, National Harbor, MD, from 14 Jul to 23 Jul 12 and paid a total of $1764.36. The second receipt reflects from 23 Jul to 31 Jul 12, she paid $1568.32 for a total of $3,332.68 for both periods. According to DD Form 1351-2, Travel Voucher or Subvoucher, dated 18 Oct 12, the applicant departed Washington Dulles Airport on 31 Jul 12 and on 1 Aug 12, arrived at Ramstein AB, GE. According to a letter from DOHA dated 10 Apr 13, Payment of TLE is authorized by 37 U.S.C. § 474a and implementing instructions are found in the Joint Federal Travel Regulation (JFTR), Chapter 5, which limits TLE to five days for a PCS to Overseas, Continental United States (OCONUS). According to a letter from DOHA dated 10 Apr 13, the applicant was reimbursed for five days of TLE and submitted a claim to DFAS for reimbursement of the additional amount of $1,293.13. In her request, she states that as an enlisted aide, her travel is linked to the general’s assignment and because he could not take command pending confirmation, her PCS was delayed 10 days beyond her control. In a letter dated 11 Feb 13, DFAS disapproved the applicant’s request for reimbursement In Accordance With (IAW) the JFTR, Chapter 5, paragraph U5710-A2, which states, “TLE reimbursement is limited to five days for a member who PCS’s to an OCONUS Permanent Duty Station (PDS).” There are no provisions in the regulation that allow for an increase in TLE for a PCS to an OCONUS PDS. In an undated letter, the applicant appealed to DOHA who under 31 U.S.C. § 3702(a), settles travel and transportation claims of members of the Armed Forces. On 10 Apr 13, DOHA denied her appeal for the additional reimbursement of $1,293.13 for lodging costs associated with her PCS. DOHA noted the undated MFR signed by the VCSAF stating the applicant required temporary lodging for the period of 14 to 31 Jul 12. However, DOHA stated there is no authority to pay TLE, or any other entitlements, in addition to the amount already paid. ________________________________________________________________ AIR FORCE EVALUATION: USAF/A1PA recommends denial. There is no provision that allows extension of TLE. The applicant should have received Basic Housing Allowance (BAH) upon checking out of government quarters until she began travel status which substantially offsets her current claim. The applicant received $780.00 for TLE, $1,057.23 for Basic Housing Allowance (BAH) and $202.32 for Basic Allowance for Subsistence (BAS). TLE cannot be extended beyond the five day period IAW JFTR U5710. A request was submitted to the Secretary of the Air Force Financial Management Program office to determine if TLE could be extended, per diem could be authorized based on granting of additional travel time, or if Temporary Duty (TDY) allowances could be paid while the applicant was assigned to the Pentagon prior to PCS. The results of the inquiry were that TLE could not be extended beyond five days IAW JFTR U5710, additional travel time could not be granted as the applicant was not in a travel status and TDY allowances are not authorized since the applicant was not in a TDY status in conjunction with the PCS. Furthermore, the applicant does not provide any facts concerning whether she was counseled regarding the five day limit of TLE or whether she attempted to return to local military facilities to obtain government lodging at any of the multiple military on-base lodging facilities convenient to the Pentagon. The complete A1PA evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 6 Sep 13 for review and comment within 30 days (Exhibit D). As of this date, this office has not received a response. ________________________________________________________________ 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 warranting corrective action. In this respect, we note the applicant requests reimbursement for additional lodging expenses in the amount of $1,293.13 to offset the TLE associated with her PCS assignment to Germany. She contends that her PCS assignment as an enlisted aide was placed on hold due to delayed congressional confirmations of general officers. Consequently, she was not allowed to PCS and was forced to incur out-of-pocket costs beyond which she was compensated. In support of her request, she provides an undated letter signed by the VCSAF that corroborates her claim that she incurred additional expenses for temporary lodging from 14 Jul to 31 Jul 12. She also provides an undated letter from the FSS at Joint Base Andrews authorizing lodging accommodations for the same period. After carefully considering all the facts and circumstance in this case, it appears the applicant, through no fault of her own, incurred additional expenses due to the delay in the confirmation and subsequent movement of USAF general officers. While we note the Air Force OPR recommends denial stating there is no provision that allows for extension of TLE, we find the letter signed by the VCSAF requesting TLE for the applicant coupled with the non- availability letter issued for government quarters sufficient to grant the requested relief. Accordingly, 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 APPLICANT be corrected to show that she was on temporary duty from Bolling AFB, DC, to Wright Patterson AFB, OH, with return to Bolling AFB, DC, from 1 to 5 Jun 12 (1 and 5 Jun travel dates) and she is entitled to reimbursement in the amount of $1,295.50 for travel and per diem. ________________________________________________________________ The following members of the Board considered Docket Number BC-2013-03022 in Executive Session on 24 Apr 14, under the provisions of AFI 36-2603: , Chair , Member , Member All members voted to correct the records as indicated. The following documentary evidence in Docket Number BC-2013-03022 was considered: Exhibit A. DD Form 149, dated 8 May 13, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, USAF/A1PA, dated 13 Aug 13. Exhibit D. Letter, SAF/MRBR, dated 6 Sep 13. 1 2