RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-00106

XXXX X. XXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO 

APPLICANT’S REQUEST

1.  His 2017-2018 canceled separation be designated as a canceled Permanent Change of Station (PCS).

2.  He be authorized Secondary Dislocation Allowance (DLA).

APPLICANT’S CONTENTIONS

On 2 Nov 17, the Air Force Reserve revoked his Palace Front transfer from the Regular Air Force due to medical reasons.  This occurred less than 30 days before he was supposed to transfer and as a result he had already had his household goods (HHG) picked up at his own expense.  In addition, his request to have his HHG returned was denied, he was no longer eligible for temporary lodging and had to move into new permanent housing at his own expense.  Ultimately he incurred several erroneous expenses from acquiring new furniture, seasonal clothing and uniforms, as he was forced to live out of his suitcase for nearly seven months.  Since his move was based on a separation order that had been cancelled, he was told that he did not qualify for Dislocation Allowance (DLA).  However, Joint Travel Regulation (JTR) paragraph 050507 states, “when a PCS order is amended, modified, canceled, or revoked to direct the Service member to return to the PDS [Permanent Duty Station] from which transferred, the Service member is eligible for a DLA if the Service member or a dependent has moved from the place of residence before the date the order is amended, modified, canceled, or revoked.”  In this regard, if his separation order was changed to a PCS order then he would qualify for DLA.  

Given that he meets the requirement for a cancelled order, in which by he moved from his place of residence on 30 Oct 17 and his canceled transfer to the Reserve was no fault of his own, the applicant believes he meets the intent of DLA.  The purpose of DLA is to provide relief should the government change its mind based on mission requirements while in the process of moving so that there is not an undue financial hardship.  He requests the BCMR correct the injustice by making him eligible for the DLA so that he can recover some of the erroneous expenses he has incurred.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a currently serving Air Force Reserve major (O-4).

On 21 Feb 17, the applicant signed AF Form 1288, Application for Ready Reserve Assignment, and was projected for a Palace Front assignment to the Air Force Reserve with an Effective Date of Change of Strength (EDCSA) of 1 Dec 17.

On 6 Jul 17, according to Special Order Number XXXX, the applicant was to be separated from active duty on 30 Nov 17, authorized a (HHG) movement, and a travel/transportation entitlement under JFTR U5125 from XXXX to his home of record (HOR).

On 6 Nov 17, Order XXXX amended Special Order Number XXXX, and changed the applicant’s separation date from 30 Nov 17 to 28 Feb 18.  

On 12 Feb 18, Order XXXX was published and revoked Special Order Number XXXX, canceling the applicant’s separation from active duty.  

On 5 Apr 18, Special Order XXXX was published and authorized the applicant a PCS from XXXX to XXXX with a report no later than date (RNLTD) of 1 Jun 18. 

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

APPLICABLE AUTHORITY

Joint Travel Regulation, Chapter 5:  Permanent Duty Travel, dated 1 Jun 17:

Section 5: HHG: 

Subsection a:  General.  Paragraph 5170:  A member is authorized HHG transportation and/or NTS when the member is ordered to perform a PCS move.

Subsection c:  Transportation.  Paragraph 5208:  Factors Affecting HHG Transportation.

I. Impact of Order Effective Date:  1.  The authority for HHG transportation accrues and becomes fixed on the PCS order effective date.

J. Order Amended, Modified, Canceled, or Revoked. HHG transported after a PCS order is received must be transported to the proper destination at Gov’t expense if the order is later amended, modified, canceled or revoked.

Subsection d:  Non-Temporary Storage.  Paragraph 5256, Order amended, Modified, Canceled or Revoked. 

A. Order Amended or Modified. 1. General.  A member, under a PCS order that is amended/modified before the member arrives at the new PDS, but after the HHG are released for transportation/storage to:  a.  A carrier,  b.  A contractor, or  c.  The Gov’t,  is authorized the type of storage authorized under the original PCS order until the amended/modified order effective date. 

2. Subsequent Authorization. Subsequent storage authorization is determined under the amended order

Section 10:  Dislocation Allowance (DLA):

Paragraph 5438, Purpose:  The purpose of DLA is to partially reimburse a member, with or without a dependent(s), for the expenses incurred in relocating the member's household:  1. On a PCS,  2. On a housing move ordered for the Gov’t’s convenience (par. 5446-A), or  3. Incident to an evacuation (pars. 6060 and 6115).  This allowance is in addition to all other allowances authorized in the JTR and may be paid in advance (37 USC §477)  

Paragraph 5442, DLA Authorized:  Part K. Order Amended, Modified, Canceled, or Revoked:  1. When a PCS order is amended, modified, canceled, or revoked to direct the member to return to the station from which transferred, a DLA is payable if the member and/or dependent actually move from the place of residence before the date the order is amended, modified, canceled, or revoked.  2. If a member and/or dependents actually move from the place of residence ICW a PCS order and complete a move to a new location and then that PCS order is amended, modified, canceled, or revoked to either direct the member to return to the old station or to direct the member to a different new PDS, then a DLA is payable ICW each move.  a. No more than two DLAs are authorized.  

Paragraph 5444, DLA Not Authorized: DLA is not authorized ICW a PCS:  4. When the member does not relocate the household (e.g., the member continues to commute from the same residence) NOTE: Household relocation is not limited to transporting HHG. A member may relocate the household and neither transport HHG nor move dependents (e.g., A member with dependents who leaves the dependents in place and moves to the new PDS taking some personal belongings has in fact relocated the household. This member may be eligible for a DLA at the without dependent rate if Gov’t Qtrs are not available at the new PDS. This item does not apply to a member on a PCS from home or from PLEAD to first PDS. See par. 5444-1 with which this item does not conflict.);

AIR FORCE EVALUATION

PPA HQ/PPE recommends denying the reimbursement of HHG shipment.  Applicant had a valid travel order for separation published 6 Jul 17, that could have been used to move his HHGs to nontemporary storage, shipped to Home of Record, intransit storage at origin, or any other location specified by the applicant.  A review of the Defense Personal Property System indicates the member had an unaccompanied baggage shipment picked up 27 Oct 17 for the separation travel order.  This shipment was 3 days after he personally procured the pickup of his HHGs.  Based on the documentation provided by the applicant and analysis of the facts, there is no evidence of an error or injustice from the transportation community.

The complete advisory opinion is at Exhibit C.

AFPC/DP2SSR recommends denying the application and were provided the following information from the Air Force Accounting and Finance, Financial Services Division regarding the JTR and the applicant’s case:

“Per Joint Travel Regulation 050507 Secondary DLA (Orders Amended, Modified, Canceled, or Revoked) A. Eligibility. When a PCS order is amended, modified, canceled, or revoked to direct the Service member to return to the PDS from which transferred, the Service member is eligible for a DLA if the Service member or a dependent has moved from the place of residence before the date the order is amended, modified, canceled, or revoked. If a Service member or dependent move from the place of residence due to a PCS order and complete a move to a new location, and then that PCS order is amended, modified, canceled, or revoked to either direct the Service member to return to the old Permanent Duty Station (PDS) or to go to a different PDS, then a DLA is payable in connection with each move.”

“The member in question did not change Permanent Duty Stations (PDS), and did not complete a Separation or Permanent Change of Station move in 2017. Therefore no DLA is payable on that order that was canceled or revoked. The member did perform a Permanent Change of Station move in Jun 2018 and DLA is payable on that order. The member in your case did not complete a move to the new location in 2017. They shipped HHG, but did not complete a move. They stayed at the current duty station. A new order was issued later to PCS them to the CONUS.”

“The costs to the member indicated below are not part of DLA. Dislocation Allowance is to partially reimburse a member for expenses associated with relation of their household. This member did not relocate his household, he stayed at his PDS. Yes, he shipped HHG but that is not relocating your household. The expense mentioned below of uniforms and lodging are not part of DLA. The member is required to maintain their service uniforms until date of separation, so the member should have had all the uniforms required. The member is entitled to Overseas Housing Allowance for housing (lodging).”

Based on review of the applicant’s request and the information provided to our office, there is no error or injustice with the discharge processing.

The complete advisory opinion is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinions to the applicant on 17 Jun 21 for comment    (Exhibit E), and the applicant replied on 17 Jun 21.  In his response, the applicant contended his situation meets the intent of the JTR.  His situation was an injustice to him caused by the Air Force reneging on their medical clearance for him to transfer into the Air Force Reserve.  Because the cancellation happened after his HHGs was picked up and he moved from his residence, he should receive compensation for financial hardship from DLA.

The OPR falsely alleges, that he did not relocate his household, but he reiterates that he moved out of his apartment and was residing in Temporary Lodging Facility (TLF) awaiting travel when the Air Force amended his orders due to the cancelled medical clearance.  Then he had to move out of TLF and into a different, more expensive, and furnished apartment because his HHGs (including furniture) had already been taken after his orders had been amended.  This is the same hardship that the DLA is used for, only it happened at the same PDS, not a new one.  He may not have moved PDS’s, but the costs were the same if not more.  In this regard, he had to purchase additional uniforms, cold weather gear, alarm clocks, cooking items, and everything essential to function for the unexpected eight additional months on station.  He believes it meets the spirit as the DLA should cover the essential move items that would normally be required until HHGs could arrive when the Air Force amends or revokes your orders.  Additionally, the OPR omits that Traffic Management Office (TMO) refused to return his HHGs leaving him no choice but to repurchase essential items.  If TMO had returned his items, he would not need to make this appeal to the board.

He had all required uniforms required to serve up until his expected date of separation of 30 Nov 17.  The Air Force extended his time later by reversing the transfer approval and amending/revoking his orders.  By the OPRs own logic, he was only responsible for possessing/maintaining items until 30 Nov 17.  If the Air Force causes him to have to produce required items after that day (i.e. remain and serve on AD after that date) then they bear responsibility.  He sent uniforms and items not required for his PDS current weather (with permission from his leadership) to be used at his anticipated reserve unit.  If the Air Force had not unjustly medically disqualified him or amended/revoked his orders he would not have been forced to repurchase items to perform his duties as an officer.  TMO refused to return his items, therefore he had to unnecessarily purchase new ones.

He recognizes that his situation does not meet the JTR standard to the letter. Which is why he came to the BCMR because he believes it is clearly an injustice.  If the Air Force had not reversed on an approval, he would not have suffered hardship and moving/essential function expenses.  He requests that the BCMR declare him eligible for DLA, otherwise it makes it okay for the Air Force to take your uniforms and furniture, change your orders after you move, then leave you stranded for months at a time forcing the member to be responsible for repurchasing essential items to do their job. All while refusing to return them. 

The applicant’s complete response is at Exhibit F.

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 AFPC/DP2SSR and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

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-2021-00106 in Executive Session on 14 Sep 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 5 Oct 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, PPA HQ PPE, dated 9 Mar 21.
Exhibit D:	Advisory Opinion, AFPC/DP2SSR, dated 24 May 21.
Exhibit E:	Notification of Advisory, SAF/MRBC to Applicant, dated 17 Jun 21.
Exhibit F:	Applicant’s Response, dated 17 Jun 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.