RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-00100

XXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

She is authorized permanent change of station (PCS) entitlements for a training assignment to xxx.

APPLICANT’S CONTENTIONS

The original order was split into two separate orders that separated the original PCS with temporary duty (TDY) enroute into two separate PCS's (xxx to xxx).  The cancellation was made after travel had already been completed, resulting in TDY lodging costs falling on her to repay.  This also resulted in her owing Basic Allowance for Housing (BAH).

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a currently serving staff sergeant (E-5).

On 14 August 2018, as per Special Order No. xxx, she was assigned from xxx to xxx with a report Not Later Than (NLT) date of 30 April 2019.

Order No. xxx dated 19 November 2019, reflects Order #xxx was rescinded - Government funds for HHG were used on the original order.

On 19 November 2019, as per Special Order No. xxx, she was assigned from xxx to xxx with a report Not Later Than (NLT) date of 7 September 2018.

On 19 November 2019, as per Special Order No. xxx, she was assigned from xxx to xxx with a report Not Later Than (NLT) date of 30 April 2019.

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

AIR FORCE EVALUATION

AFPC/DP3SP recommends granting the application.  The applicant was approved for retraining into the AFSC 2A9 with technical training at xxx, she arrived at xxx on 4 September 2018 and departed on 5 March 2019, which is a 183 days.  IAW the Joint Travel Regulation (JTR), paragraph 032201 and AFI 36-2110, paragraph 3.5, courses with a scheduled duration of 139 or fewer days (less than 20-weeks) are temporary duty (TDY).  Courses with a duration greater than 140 or more days (20-weeks) are a PCS move.  The applicant was inadvertently placed on PCS with TDY enroute to xxx. During this time, she resided in temporary lodging and was not provided any PCS entitlements or BAH at the xxx rate. 

Since due to no fault of the applicant, she should have been placed on PCS assignment to xxx.  Although, this error was corrected after the fact it did not provide for the entitlements that she should have been authorized if this error had not occurred.

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 May 2021 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/DP3AM and finds a preponderance of the evidence substantiates the applicant’s contentions.  Therefore, the Board recommends correcting the applicant’s records as indicated below.

RECOMMENDATION

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

	a. She receive the appropriate lodging and meal per diem rate for temporary duty at xxx, from 4 September 2018 to 5 March 2019.

	b. Competent authority approved a Basic Allowance for Housing (BAH) waiver effective 4 September 2018 to 5 March 2019 to retain the BAH rate of her previous duty location in xxx.

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-2021-00100 in Executive Session on 29 June 2021:

, 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 31 August 2020.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3AM, dated 28 April 2021.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 6 May 2021.

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.