RECORD OF PROCEEDINGS

IN THE MATTER OF:                                     DOCKET NUMBER: BC-2021-02489

XXXX X. XXXX                                                COUNSEL: NONE

                                                                             HEARING REQUESTED: NOT INDICATED

APPLICANT’S REQUEST

He be reimbursed for a household goods (HHG) shipment that was performed prior to the receipt of his retirement orders.

APPLICANT’S CONTENTIONS

The Medical Evaluation Board (MEB) process created undue hardship for his family.  It was in the best interest of his family to move prior to his orders being published so his wife could start her new job as a teacher.  Without this request, he will not receive a HHG shipment to his home of record upon retirement.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force master sergeant (E-7). 

On 12 Jul 21, according to Special Order XXXX the applicant was retired effective 1 Oct 21 with 20 years, 8 months, and 16 days of active duty service.

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

AIR FORCE EVALUATION

PPA HQ/LHE recommends partially granting the application.  Based on the documentation provided by the applicant and analysis of the facts, there is no evidence of an error or injustice committed on behalf of the transportation community.  Our review of the personally procured move (PPM) documentation indicates the applicant did meet that requirement of obtaining weight tickets and contractor’s receipt.  However, the retirement order was not issued prior to the start date of the PPM; therefore, the transportation community have no choice but to recommend denial of reimbursement based on Joint Travel Regulation (JTR), paragraph 010206.  We recommend that this case be reviewed by competent order issuing authority (A1) for their advisement of changing the date of the retirement order, as it is not in the transportation community purview.

Some of the applicants PPM transactions occurred after the retirement order was published and is in concert with JTR, paragraph 010206 to allow payment of expenses incurred after the publishing of orders.  Our authority is limited by the JTR; therefore, we can legally only recommend reimbursement of the transactions that occurred on or after 12 Jul 21 as outlined in the applicant’s itemized invoice.  Recommend the applicant be reimbursed $2,733.36 for 30 days of storage intransit (SIT) and delivery out in the XXXX area.

The complete advisory opinion is at Exhibit C.

HQ USAF/A1PA recommends partially granting the application.  Based on the documentation provided by the applicant and analysis of the facts, there is no evidence of an error or injustice.  To date the applicant has not been reimbursed for HHG shipment as there is no authority to pay before orders are issued.  If HHG shipments happened after the orders were provided, then grant the member partial reimbursement for shipments after orders were received.

The complete advisory opinion is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 31 Aug 21 for comment    (Exhibit E), 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 PPA HQ/LHE and finds a preponderance of the evidence substantiates the applicant’s contentions in part.  Specifically, the applicant has provided HHG shipment documentation, which is sufficient to justify partially granting the applicant’s request to receive HHG reimbursement.  However, only for the transactions that occurred after the order was published.  As for the remainder of the applicant’s request, the evidence presented did not demonstrate an error or injustice, and the Board therefore finds no basis to recommend granting that portion of the applicant’s request.  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 reimbursement of the transactions that occurred on or after 12 Jul 21 as outlined in the applicant’s itemized invoice.  The applicant be reimbursed $2,733.36 for 30 days of storage intransit (SIT) and delivery out in the XXXX area.

However, regarding the remainder of the applicant’s request, the Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

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-2021-02489 in Executive Session on 23 Nov 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 24 Jul 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, PPA HQ/LHE, dated 18 Aug 21.
Exhibit D:	Advisory opinion, HQ USAF/A1PA, atchs, dated 21 Aug 21.
Exhibit E:	Notification of advisory, SAF/MRBC to applicant, dated 31 Aug 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.