RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-00071

XXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: YES

APPLICANT’S REQUEST

His assignment orders be cancelled and he be authorized temporary duty (TDY) orders enroute to his assignment.

APPLICANT’S CONTENTIONS

He received Permanent Change of Station (PCS) orders from Bolling Air Force Base (AFB) to Fort Sam Houston.  He then received PCS orders from Fort Sam Houston to Wright-Patterson AFB.  However, his initial training at Fort Sam Houston was only 14 weeks, and subsequent training at Wright-Patterson AFB was only 6 weeks.  Therefore, he should have received PCS orders from Bolling AFB to Wright Patterson AFB, with TDY enroute for training.  Because his moves were not properly documented he was not properly inprocessed.  He has tried, unsuccessfully, to have his orders amended.  This has led to financial difficulties.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is currently serving as a senior airman (E-4) in the Regular Air Force.

On 19 Oct 18, as per Special Order AM-008358, he was reassigned from Bolling AFB to Joint Base San Antonio (JBSA) Lackland, with a reporting date of 26 Oct 18.

On 30 Apr 19, as per Special Order AM-091311, he was reassigned from JBSA Lackland to Wright-Patterson AFB, with a reporting date of 31 May 19.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION

AFPC/DP2N, recommends granting the application.  Based on the documentation provided by the applicant and analysis of the facts, there is evidence of an error on the part of the government.  AFI 36-2110, Total Force Assignments, paragraph 3.5 states, The Joint Travel Regulation, paragraph 032201, establishes that when an Airman is to attend a course (or courses) of instruction of less than 20 calendar weeks, then attendance is in TDY status.  The applicant should have received TDY orders to his training location as the length of training for his initial course at JBSA-Fort Sam Houston was 14 weeks, below the threshold of 20 weeks for a PCS.  His second phase of training, at Wright-Patterson AFB, was only 6 weeks.  Upon graduation, the applicant’s assignment was at the same location as his second phase of training.  Therefore, he should have been in TDY status from the date he left Bolling AFB, 22 Oct 18, until he arrived at Wright-Patterson AFB, 1 Apr 19.

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 20 Oct 20 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was timely filed.

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

3.  After reviewing all Exhibits, the Board concludes the applicant is the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP2N and finds a preponderance of the evidence substantiates the applicant’s contentions.  The applicant should have received TDY orders to his training location as the length of training for his initial course was below the threshold of 20 weeks for a PCS.  Therefore, the Board recommends correcting the applicant’s records as indicated below.

4.  The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show:

	a.  Special Order AM-091311, dated 30 Apr 19, be revoked.

	b.  Special Order AM-008358, dated 19 Oct 18, be amended in Item 9, Unit, Major Command and Address of Unit to be Assigned, to MTC 88 Medical Operations Sq FFNGM0, Wright-Patterson AFB OH 454330000; and Item 7, TDY Enroute, include FT SAM HOUSTON, TX, Course Title: AEROSPACE MEDICAL SERVICE APPRENTICE (AMSA) PHASE 1 CRS ID: L2AQJ4N031 01AA, CLS ID: 19005, CSD: 10/29/2018, CGD: 02/21/2019 and Wright-Patterson AFB, Course Title: AEROSPACE MEDICAL SERVICE APPRENTICE Phase II, CRS ID: LSAB04N031 02AA, CLS ID: 19020, CSD: 03/01/2019, CGD: 04/11/2019.

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-2020-00071 in Executive Session on 27 Oct 20:

, 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 3 Dec 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2N, dated 16 Oct 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 20 Oct 20.

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