RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-02287

XXXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

1.  Retroactive approval of an accompanied tour waiver and command sponsorship for his Permanent Change of Station (PCS) to Ramstein, Germany (1 October 2020 – 30 September 2021). 

2.  Retroactive approval to receive with-dependent rate Cost of Living Allowance (COLA), Overseas Housing Allowance (OHA), Move-In Housing Allowance (MIHA), and any other due entitlements for the duration of his PCS orders.

3.  Retroactive approval for all related costs associated with the relocation of his dependents to and from Germany.

4.  Reimbursement for the cost of transporting his son to college as a Student Dependent Travel (SDT) entitlement in the amount of $847.05. 

5.  To be indemnified against any future recoupment actions for the benefits and entitlements he received during his tour as a result of the gross error made by NGB/HR.

APPLICANT’S CONTENTIONS

He believes the Board should grant retroactive approval of an accompanied and command sponsored PCS so that he is not indebted for drawing entitlements that his printed orders authorized him to receive.  On 7 July 2020, he was selected for a two-year Active Duty for Operational Support (ADOS) tour at Ramstein Air Base, Germany, funded by NGB.  On 23 July 2020, he received an email stating that command sponsorship “would not be an issue and should be processed fairly quickly.”  On 7 August, he received a signed memo stating, “This is considered a Full PCS, dependents are authorized.”  His PCS orders were cut with language authorizing dependent travel based off this authorization.   With these orders, he and his family had a PCS to Germany on 1 October 2020 with all costs paid via a government travel voucher.  After being in Germany more than seven months, he was notified on 21 May 2021 that NGB lacked the authority to approve travel for his dependents and they were not, in fact, command sponsored.  DoDI 1315.18, enclosure 4, para M, indicates no Reserve Component member “will be stationed on an accompanied overseas tour or placed in an overseas command-sponsored position without approval of the Secretary of the Military Department concerned.”   He was never advised that any paperwork was lacking, and he never would have accepted this tour if the command sponsorship was not approved.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a currently serving Air National Guard lieutenant colonel (O-5).

According to the documents provided by the applicant and NGB/A1PS:

	On 7 August 2020, according to NGB/HR Memorandum, Subject: Request for ADOS Orders, an ADOS order was requested for period on or about 15 September 2020 through 30 September 2022 for the duty location USAFE/CG, Ramstein, Germany.  This was considered a full PCS - dependents were authorized.

	On 8 September 2020, Order Number ZBNU2V, shows that the applicant’s itinerary dates reflect 1 October 2020 through 30 September 2021 to Ramstein AB, Germany, authorizing dependent travel.

	On 24 November 2020, Travel Voucher TIM00036, reflects that the applicant was paid $8,459.37 for travel on 1 October 2020 to Ramstein AB, Germany.  

	On 13 January 2021, Travel Voucher TIM00047, reflects that the applicant was paid $5,629.06 for the travel period 1 October 2020 through 10 October 2020.  

	On 31 May 2021, an email receipt from United Airlines, Inc., shows that the applicant purchased airline tickets for his dependent in the amount of $874.05 USD (1 July 2021 - Frankfurt, DE to Chicago, IL and on 3 August 2021 from Chicago, IL to Frankfurt, DE). 

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

AIR FORCE EVALUATION

NGB/A1PS recommends granting the application.  DoDI 1315.18, enclosure 4, paragraph m indicates no Reserve Component member “will be stationed on an accompanied overseas tour or placed in an overseas command-sponsored position without approval of the Secretary of the Military Department concerned.”  Note: this authority has been delegated to AF/A1.  NGB/HR did not have the authority to authorize dependents without processing an Accompanied Tour Waiver to AF/A1, which was not accomplished.  The applicant was not told he required this wavier and was unaware that he lacked appropriate approval to use government funds to move his family, nor to draw with-dependent rate entitlements while on his ADOS orders, believing in good faith that NGB/HR provided him sound guidance. 

DoDI 1315.18, enclosure 4, para n(2) requires a Reserve Component service member and their dependents who are seeking an accompanied tour waiver to be “able to serve a minimum of 12 months at the duty station.  Dependent travel will not be authorized if the dependents are unable to be on station for the minimum 12 months.”  In the case of applicant, he was not made aware of the requirement for an accompanied tour waiver until he had been in Germany for nearly eight (8) months. This makes applicant ineligible to apply for an accompanied tour waiver and subsequent command sponsorship because he only had four (4) months remaining on his order. Even if the applicant’s orders were extended for an additional year to allow time to apply for an accompanied tour waiver to be requested, processed, and approved, the with-dependent benefits and entitlements begin from the point of approval and are not retroactive.  This leaves the applicant vulnerable to recoupment of the benefits and entitlements paid up to this point.

Evidence has shown that the applicant incurred both an error and injustice by being advised that dependents were authorized for his PCS.  The applicant was not aware that NGB/HR lacked the appropriate authority to make this decision and should not be held liable for the monetary benefits and entitlements he drew for the period of 1 October 2020 through 30 September 2021.

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 19 July 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 NGB/A1PS 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 he was on a command sponsored accompanied tour and authorized Student Dependent Travel during the period of 1 October 2020 through 30 September 2021.

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-2021-02287 in Executive Session on 8 September 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 4 July 2021.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB/A1PS, w/atchs, dated 9 July 2021.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 19 July 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.