RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04998 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: He be credited $5399.01 for an overseas pay deduction. APPLICANT CONTENDS THAT: He incurred an Exceptional Family Member Program (EFMP) assignment due to a dependent’s diagnosis of Leukemia, requiring an immediate Permanent Change of Station (PCS) from Germany back to the United States. He provided immediate notice to the housing office and utility companies once orders became available however; terminating the lease/utilities required a 30-day notice. He PCS’d the same week he gave notice regarding early termination of the lease and utilities. His overseas pay was deducted for the month of the PCS as well as the following month (required to break the lease). The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 30 Jul 06, the applicant was commissioned into the Regular Air Force as a second lieutenant and was progressively promoted to his current grade of captain. On 9 Dec 11, he received authorization from the Department of the Army, to reside in private rental housing during his PCS assignment in Germany. On 2 Jan 12, the applicant signed a lease agreement which stated a 30-day notice of termination was required to break the lease and associated utilities. According to AF Form 899, Request and Authorization for Permanent Change of Station – Military, dated 13 May 13, he was to report to his new commander not later than 31 May 2013. It is also stated in #14 on the continuation sheet that his PCS was an EFMP reassignment. On 15 May 13, the Department of the Army Chief of Housing at his location, recommended approval of his request to retain off post housing beyond his PCS date. The memorandum also notified him to seek separate approval authority for overseas housing and cost of living allowances by consulting his servicing finance office. AIR FORCE EVALUATION: DFAS-IND recommends denial indicating the applicant has not exhausted all of his administrative remedies. While he received approval from both his unit and housing authority to insure he would not be delinquent in his financial responsibilities with respect to housing, he needs to contact his local finance office and provide supporting documentation so they may determine a final decision on payment. The complete DFAS-IND 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 21 Nov 14 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 not exhausted all administrative remedies provided by existing law or regulations. 2. The application was timely filed. 3. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. In this respect, we note this Board is the highest administrative level of appeal within the Air Force. As such, an applicant must first exhaust all available avenues of administrative relief provided by existing law or regulations prior to seeking relief before this Board, as required by the governing Air Force Instruction. The Air Force office of primary responsibility has reviewed this application and indicated there is an available avenue of administrative relief the applicant has not first pursued. In view of this, we find this application is not ripe for adjudication at this level, as there exists a subordinate level of appeal that has not first been depleted. Therefore, in view of the above, we find no basis to recommend granting the relief sought in this application. THE BOARD DETERMINES THAT: The applicant be notified that he has not exhausted all available avenues of administrative relief prior to submitting his application to the BCMR; and the application will only be reconsidered upon exhausting all subordinate avenues of administrative relief. The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-04998 was considered: Exhibit A. DD Form 149, dated 20 Sep 13, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, DFAS-IND, undated. Exhibit D. Letter, SAF/MRBR, dated 21 Nov 14. 1 2