RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-02363

XXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: YES

APPLICANT’S REQUEST

His DD Form 1610, Request and Authorization for TDY Travel of DoD Personnel, Order TA0046, be corrected to reflect his wife has no middle name, her correct Social Security Number, and Item 4, Position Title and Grade/Rating, to reflect Command Sponsored Dependents of Enlisted. 

APPLICANT’S CONTENTIONS

According to the Defense Finance and Accounting Service (DFAS), in order to be reimbursed entitlement, benefits and pay, his wife’s travel order needs to be corrected.  He is owed Family Separation Allowance (FSA), lodging reimbursement, transportation allowance, per diem, Family Separation for Housing (FSH), Moving in Housing Allowance (MIHA), Basic Allowance for Housing (BAH), dependent’s Continuous Overseas Tour (COT), dual Cost of Living Allowance (COLA), Temporary Lodging Allowance (TLA), reimbursement for airline tickets after ordered departure, and Overseas Housing Allowance (OHA).

He departed the United Kingdom (UK) on 23 Nov 15, traveled to the United States on leave for about 45 days, and arrived in Turkey on 6 Jan 16.  His family departed the UK for Turkey on 27 May 15, and stayed in Turkey until 18 Aug 15, while he was deployed to Al Dhafra.  His family returned to Turkey from the UK on 5 Feb 16.  His family traveled at his expense.  When he informed the finance office at Turkey that his dependents were on station, they informed him he would not be reimbursed for their travel.  At Dyess AFB, he was informed that the Turkey finance office was in error, and he should have filed a “zero-sum” travel voucher.  His family was evacuated to Germany via Military Air, on 30 Mar 16, and returned to Turkey at his expense, on 31 May 16, after the school year ended.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Regular Air Force technical sergeant (E-6).  He retired on 1 Apr 21, with 20 years and 24 days of active service.

On 3 Sep 15, Under Secretary of Defense memorandum, Authorized Departure – Adana, Turkey, authorized the departure of dependents from Turkey, and suspended all government funded travel of dependents to Turkey.

On 25 Sep 15, Permanent Change of Station (PCS) Special Order AI-135874, was published, reflecting an assignment from England to Turkey; Item 10, Type of Tour, “Accompanied”; Item 11, Tour Length, “24 months”; Item 13, Dependent Travel, “DEPENDENT TRAVEL IS DELAYED FOR LESS THAN 20 WEEKS.”  The order reflects the applicant was accompanied in England by two dependents, one spouse and one child. 

On 18 Nov 15, AF IMT 973, Request and Authorization for Change of Administrative Order, Order AJ-014683, amended Special Order AI-135874, to change reporting date from 10 Dec 15 to 10 Jan 16.

On 8 Dec 15, AF IMT 973, Order AJ-020530, amended Special Order AI-135874, Item 13, to “DEPENDENT TRAVEL IS DELAYED FOR MORE THAN 20 WEEKS.”

On 29 Feb 16, Deputy Secretary of Defense Memorandum, DoD Dependents in Turkey, directed that dependents may not be authorized travel to Turkey.

On 30 Mar 16, DD Form 1610, Order TA0046, directed travel of the applicant’s dependents from Turkey to Germany, with a Proceed Date of 30 Mar 16, in accordance with the Mandatory Departure memorandum, dated 29 Mar 16, and Joint Travel Regulations (JTR); authorized transportation to a safe haven.

On 11 May 17, AF IMT 973, Request and Authorization for Change of Administrative Orders,  Order AK-086431, amended Special Order AI-135874, Items 10, to “Unaccompanied, Dependents Restricted” and Item 11, Tour Length to “15 months.”

On 10 Feb 20, AF IMT 973, Order AN-053902, amended Special Order, AI-135874, Item 10, to “Accompanied”; Item 11, to “24 months.” 

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

APPLICABLE AUTHORITY

JTR, dated 1 Oct 12, Chapter 6, Evacuation Allowances, Section A3, Safe Haven Evacuation Allowances for a Command-Sponsored Dependent and a Dependent Student, Paragraph U6005, Safe Haven Evacuation Allowances for a Command-Sponsored Dependent and a Dependent Student.

A. Purpose. A safe haven evacuation allowance is provided to assist a member in meeting the excess costs involved in temporarily maintaining command-sponsored dependents at a place away from the Permanent Duty Station (PDS) and a dependent student for any period during the evacuation during which the dependent student would have otherwise been residing at the member's PDS. A member is not authorized any safe haven evacuation allowances in Chapter 6, Part A, for a noncommand-sponsored dependent who was at the member’s PDS.  However, all other dependents listed in paragraph U6001-A, including a dependent who turned 21 at the evacuated PDS or while at the safe haven/DESIGNATED PLACE, are authorized safe haven evacuation allowances, even though no longer command-sponsored.

B. General
1. ‘Lodgings-Plus Computation Method Applicability to an Evacuated Dependent. An evacuated command sponsored dependent and an evacuated dependent student are authorized a safe haven evacuation allowance computed using the ‘Lodgings-Plus’ computation method for each day they are in an evacuation status. An AEA described in Chapter 4, Part C, does not apply to an evacuation. The ‘Lodgings-Plus’ computation method consists of a lodging allowance ceiling and Meals and Incidental Expenses (M&IE) allowance. For an explanation of the expense items, the safe haven allowance is intended to cover, see APPENDIX A PER DIEM definition and Chapter 4, Part B. The maximum lodging reimbursement for a dependent family is the actual total daily lodging cost the family incurs, not to exceed (NTE) the sum of the daily lodging portion of the locality per diem rate authorized for each dependent there. In general, the ‘Lodgings-Plus’ computation method described in Chapter 4, Part B, applies to an evacuated command-sponsored dependent and a dependent student.  If an evacuated dependent stays with friends or relatives while at a safe haven, no cost for lodging is allowed, whether or not any payment for lodging is made to the friend or relative.  This restriction does not apply when the dependent leases a house, apartment (i.e., lodgings) from a friend or relative with a bona fide, standard written lease, in those instances when the friend or relative concerned does not jointly occupy the leased house or apartment.  Each evacuated command-sponsored dependent and dependent student is authorized the safe haven evacuation allowance M&IE portion even if not authorized the safe haven evacuation allowance lodging portion for any given day. See the computations in paragraph U6005-G. GOV’T dining facility/mess or open mess availability/use has no effect on safe haven evacuation allowances for a dependent even though the dependent may or does use such facilities without charge. A safe haven evacuation allowance payable under paragraph U6005 may be paid in advance as in paragraph U6013-A.

AFI 36-2110, Assignments, dated 22 Sep 09.
Attachment 20, Overseas (OS) Tour Election, Command Sponsorship, Individually Sponsored Dependents, Acquired Dependents, and Dependents OS.

A20.1.4. When concurrent travel (CCTVL) of dependents is not automatic; the losing Military Personnel Section (MPS) will send an advance application requesting CCTVL per the Personnel Services Delivery (PSD) Handbook. The Airman is advised by the MPS of reply and is then required to make a tour election.  A reply to the advance application must be received before the Airman signs the AF Form 965. This advance request and reply does not take the place of the AF Form 1466, Request for Family Airman’s Medical and Education Clearance for Travel and Dependent Relocation Clearance, which must be processed before OS travel of dependents may be authorized. 
A20.1.4.1. If travel of dependents OS is approved but travel is not authorized concurrent with the sponsor's PCS travel, then the reply to the advance application must indicate the length of delay for dependent travel. The length of delay must be either: 
A20.1.4.2. Less than 20 weeks, in which case the Airman is entitled to move dependents at government expense only to the OS location. When it is determined at what time dependents will actually be authorized to travel, Airman and/or dependents can arrange transportation with the local Transportation Management Office (TMO) utilizing PCS orders, or 
A20.1.4.3. Twenty weeks or more, in which case the Airman is entitled to move dependents at government expense to a designated place while waiting authorization to move to the OS location. When it is determined at what time dependents will actually be authorized to travel, the OS MPS will issue dependent travel orders with appropriate instructions. If the dependents moved to a designated place awaiting further travel, they may move again at government expense to the OS duty location.

A20.2. Command Sponsorship. Command sponsorship is approval of the OS installation commander or designated representative for dependents to reside with the Airman at the OS duty station. While an Airman is not entitled by statute to command sponsorship or to serve an accompanied tour, there are statutory entitlements associated with approval of command sponsorship.  Normally, for an Airman who has dependents at the time of initial PCS notification and who elects the accompanied tour, approval of command sponsorship entitles an Airman to receive OS station allowances at the "with dependents" rate, shipment of HHG and/or travel of dependents to and from the OS duty station at government expense, and authorizes dependents to receive other benefits and privileges associated with command sponsorship. When dependents are not entitled to travel and/or shipment of HHG to the OS duty station at government expense (for example, acquired dependents), or when dependents travel to the OS duty station at the Airman’s personal expense, then command sponsorship (with concurrent tour status change) must be requested and approved according to paragraph A20.2.4. 
A20.2.1. An OS installation commander or designated representative evaluates requests from eligible Airmen and approves command sponsorship when the Airman satisfies all of the following eligibility criteria: 
A20.2.1.1. The Airman is projected to be assigned (or is currently assigned) to a duty location where an accompanied by dependents tour is authorized, election of the accompanied tour is not restricted (such as by a Command Sponsored Position List [CSPL], by grade, etc.), and the Airman has completed an AF Form 965 electing to serve the accompanied tour (may be either a change to a previous election or an initial election). 
A20.2.1.2. Travel of dependents to the OS duty station at government expense has not been prohibited or suspended by appropriate authority for any of the reasons listed in paragraph A20.4.3.

AIR FORCE EVALUATION

HQ USAFE/AFAFRICA A1 CEM recommends denying the application.  Based on the documentation provided by the applicant and analysis of the facts, there is no evidence of an error or injustice.  On 10 Dec 15, the applicant was assigned to Turkey, and dependent travel was delayed for less than 20 weeks, as indicated on PCS order AI-135874, dated 25 Sep 15.  On 29 Mar 16, the Force Support Squadron ordered the departure of dependents from Turkey, and was instructed to accomplish non-command sponsored orders for the purpose of authorizing the family air travel entitlements only to a safe haven location.  On 30 Mar 16, the applicant was issued temporary duty (TDY) orders to move his dependent’s back to a safe haven.  His dependents’ status was listed in block 4 as “non-command sponsored dependents of enlisted.”  The remarks in block 16 of this TDY order state “A non-command sponsored dependent is authorized transportation only to safe haven location IAW JTR par. 6005.B.1.”  

The applicant provided copies of DD Form 93, Record of Emergency Data, dated 10 Feb 16, and SGLV 8286, Servicemen’s Group Life Insurance Election and Certificate, dated 16 Feb 16, indicating his spouse’s address in Turkey as proof she resided there.  However, he has not provided any proof his dependents were command-sponsored and traveled to Turkey on his PCS order at government expense.  Government funded travel of dependents to Turkey was suspended from 3 Sep 15, and the applicant arrived in Turkey Dec 15.  Subsequently, HQ USAFE/AFAFRICA is requiring proof dependents traveled to Turkey at government expense in order to favorably support the applicant’s request.  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 6 Apr 21 for comment (Exhibit D), and the applicant replied on 12 Apr 21.  In his response, the applicant indicated after having accomplished AF Form 1466 and AF IMT 965, in accordance with AFI 36-2110, his command- sponsored dependents were listed in Section 17 of his PCS orders to Turkey.  On 10 Dec 15, he departed the United Kingdom, and arrived at Turkey in Jan 16, with his dependents traveling at his expense.  His orders were not amended to read “unaccompanied” until after the stop movement memorandum.  Furthermore, the advisory incorrectly mentions the applicant’s travel from the United States to Turkey; however, the applicant and his family traveled from England, where he was stationed, not the United States.  The OPR also asked for confirmation his dependents traveled to Turkey at government expense, but they did not.  According to the applicant, his wife and son were both Turkish citizens, and while they were in Turkey, his son attended school on the base, and his wife worked at the commissary, both evidence they were in fact command-sponsored.  Finally, if they had not been command-sponsored, they would not have been ordered to evacuate to Germany from 7 Feb 16 until 30 Mar 16.  The applicant’s complete response is at Exhibit E.

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 not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of HQ USAFE/AFAFRICA A1 CEM and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

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 Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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-2020-02363 in Executive Session on 14 Jul 21:

, Panel Chair
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 29 Jun 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, HQ USAFE/AFAFRICA A1 CEM, dated 1 Apr 21.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 6 Apr 21.
Exhibit E:	Applicant’s response, w/atchs, dated 12 Apr 21.

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.