RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-00489

XXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

Change AF Form 899, Request and Authorization for Permanent Change of Station – Military, the location of his family in Item 17, Dependent(s), to XXXXXXXX, and, order date in Item 28, Date, to 1 Aug 15.

APPLICANT’S CONTENTIONS

His Permanent Change of Station (PCS) orders were delayed until Sep 15 while his security investigation was suspended due to the Office of Personnel Management (OPM) security breach and system lock down.  His family had already made PCS arrangements to XXXXXXXX when he was notified his orders were delayed.  Due to two house mortgages, school arrangements and job hunting for his spouse, he continued with the planned move in August.  He met with the Air Force Academy Traffic Management Office (TMO) counselor and was assured he could move as long as he included a memorandum when submitting his voucher.  The Offutt TMO office did not accept this interpretation of the Joint Travel Regulation (JTR) and would not reimburse him for the full do-it-yourself (DITY) move.  After submitting an appeal request to PPA HQ he was denied.  He moved his family with the understanding that he would pay all costs if his orders were changed.  However, he does not think he should have to pay the entire cost of the PCS due to an administrative error that was out of his control.  He paid for his DITY move out of pocket, and was not reimbursed because the moving receipts were dated prior to the PCS order date.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a Regular Air Force lieutenant colonel (O-5).

On 21 Jul 15, the applicant was notified of his assignment, via Assignment Notification RIP.

On 23 Aug 15, the applicant entered a contract with Budget rental vehicles.

On 30 Sep 15, the applicant’s assignment order, Special Order AI-137202, was published, reflecting an assignment from XXXXXXXX to XXXXXXXX, with a reporting date of 30 Oct 15.

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

APPLICABLE AUTHORITY

Joint Travel Regulations (JTR).
Chapter 1.  010206. Travel Authorizations and Orders 
Travel and transportation allowances are payable only after valid orders are issued. The order directs travel to, from, or between official points and serves as the basis for the trip and associated reimbursements. A travel authorization or order should be issued before travel begins. Travel or expenses incurred before a travel authorization or order is issued are not reimbursable, unless otherwise stated in the JTR. In unusual or urgent situations when travel must begin before a written authorization or order can be issued, a verbal authorization may be given. In such cases, the verbal authorization must be followed up in writing (called a “confirmatory order”) before allowances are paid. A travel order may only contain authority for travel and transportation allowances provided within the JTR. If there is any conflict between a travel order and the JTR, the JTR prevails. 
A. Modifications after Travel. Travel authorizations and orders cannot be retroactively modified to increase or decrease an allowance after the travel is completed. A travel authorization or order may be retroactively corrected to show the original intent. When an allowance is approved after travel begins, it does not constitute a retroactive modification to create, change, or deny an allowance. An amendment is effective on the date it is issued and is not retroactive unless it contains language that corrects an error or omission, or provides a confirmation of the date of the verbal authorization.

AFI 24-602, Volume 4, Personal Property Moving and Storage. 
8.1. Personally Procured Moves (PPM). The personally procured method of HHG transportation is available to active duty, retired or separated members, and the next of kin of a deceased member. This method allows members to personally procure HHG transportation and/or Non-Temporary Storage (NTS) when they have an allowance to ship or store HHG in connection with a PCS move, special storage, local move, etc. A member can use any privately owned vehicle, direct hire and/or rental of a conveyance (with or without operator) to move HHG. Under no circumstances is the use of a government owned and/or leased vehicle authorized for a Personally Procured Move (PPM). Personally procuring transportation and/or NTS of HHG allows for: 
8.1.1. Reimbursement of actual cost incurred when government transportation is not available and directed by the TO to personally procure transportation for weight moved up to the member’s maximum authorized weight allowance. 
8.1.2. Reimbursement of authorized expenses incurred not to exceed the Government Constructed Cost (GCC) for weight moved up to the member’s maximum authorized weight allowance, or 
8.1.3. A monetary allowance equal to 95% of the GCC for weight moved up to the member’s maximum authorized weight allowance. 
8.1.4. If the member’s authorized expense incurred exceeds the monetary allowance equal to 95% of the GCC, the counselor recreates/reimburses the PPM in accordance with paragraph 8.1.2, not to exceed 100% of the GCC.
8.2. PPM Procedures. The Personal Property Processing Office (PPPO)/Personal Property Shipping Office (PPSO) provides information to members on the methods and procedures for performing a PPM. Counselors advise members that they may elect any of the reimbursement methods above, either as a full PPM or in conjunction with a government arranged move. PPPO/PPSO can assist with preparation of a DD Form 2278, Application for Do It Yourself Move and Counseling Checklist. 
8.12. Personally Procured Transportation and/or non-temporary storage (NTS) of HHG without Prior Approval. Transportation Officers (TOs) may authorize payment of monetary allowance when an event beyond a member’s control prevents prior approval and issuance of DD Form 2278, Application for Do It Yourself Move and Counseling Checklist. All other requirements of the PPM (i.e., obtained necessary weight tickets or qualified for constructed weight) are essential. The member must possess a special order or funded housing assignment/termination authorization prior to accomplishing the move to qualify for an allowance. Reimbursement of actual expenses incurred may be authorized when a member does not obtain weight tickets.

AIR FORCE EVALUATION

AFPC/DP3AM recommends denying the application.  The applicant was not authorized to obligate Air Force PCS funds prior to the effective date of the PCS order.  Furthermore, the applicant’s request to change his dependents address on his PCS orders can be accomplished by his local servicing Military Personnel Flight (MPF).  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 23 Mar 21 for comment (Exhibit D), and the applicant replied on 22 Apr 21.  The applicant provided additional support documents, to include receipts and his travel voucher, requesting reimbursement of $1,110.35 for his PPM.  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 the victim of an error or injustice.  While the Board notes the recommendation of AFPC/DP3AM against correcting the record, the Board finds a preponderance of the evidence substantiates the applicant’s contentions.  Although the applicant made the decision to move his family before he received his orders, the Board found the security clearance delay was beyond the applicant’s control and in the interest of justice recommends the applicant’s request be granted.  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 Special Order Number AI-137202, AF Form 899, Request and Authorization for Permanent Change of Station – Military, Item 17, Dependent(s), to reflect XXXXXXXX; and Item 28, Date, to reflect 1 Aug 15.

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-2021-00489 in Executive Session on 11 May 21:

, 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 5 Feb 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3AM, dated 18 Mar 21.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 23 Mar 21.
Exhibit E:	Applicant’s response, dated 22 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.