RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-03021

XXXX X. XXXX	COUNSEL: NONE
	
 	HEARING REQUESTED: YES

APPLICANT’S REQUEST

He receive full reimbursement for moving his family members from XXXX AFB, XX to XXXX AFB, XX.

APPLICANT’S CONTENTIONS

On 29 May 18, he volunteered for a 365 deployment.  He expected to spend a total time of 20 months between his deployment and training.  He chose to move his family to the XXXX AFB, XX area in Mar 19 to provide more stability.  Advance orders to his next duty station should have been provided based on the 26 Oct 18 Memorandum, Advance Assignment Initiatives for 365-Day Extended Deployments.  Although this was written after he volunteered for his deployment, it was signed and distributed four months prior to moving his family.  The Air Force Personnel Center (AFPC) and the XXXX AFB Force Support Squadron (FSS) did not/ could not authorize/provide him an Advanced Assignment because he volunteered prior to the memorandum being written.  He does not believe this follows the intent of the memorandum.  He believes he is entitled to the normal reimbursement for members who have a Permanent Change of Station (PCS) with dependents.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

On 14 Aug 20, Special Order Number XXXX, authorized the applicant to PCS to XXXX AFB, XX with a report not later than date of 28 Feb 21.

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

APPLICABLE AUTHORITY/GUIDANCE

The Joint Travel Regulations (JTR), paragraph 010206 states: 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.

AIR FORCE EVALUATION

AFPC/DP3AM recommends denying the application.  After review of the documentation provided they have determined the applicant did not provide sufficient and reasonable justification for a recommendation of approval.  Based on the documentation provided and the information in the Military Personnel Data System (MilPDS), he volunteered and was selected for a 365-Day Extended Deployment in May 18.  His 365-Day Extended Deployment had a report date of Sep 19.  He received an assignment to XXXX AFB, XX which was updated in MilPDS on 3 Aug 20 with a report date of 28 Feb 21.  The PCS orders to XXXX were published on 28 Aug 20.

The applicant stated he “chose” to move his family to the XXXX AFB area in Mar 19, but he had no orders authorizing such a move.  The JTR, paragraph 010206, is clear on this issue: “Travel and transportation allowances are payable only after valid orders are issued. The emails the applicant provided beginning in Dec 18 mainly address training dates/locations after his deployment. They could not find a direct reference to an Advance Assignment application, the discussion with his assignment team about a future assignment location comes via a single statement from the KC-135 Assignments Officer stating, “[Applicant]  will follow his C-208 Deployment with a KC-135 assignment to XXXX AFB” in Dec 18.

According to MilPDS, the PCS assignment to XXXX AFB, XX was updated in Aug 20 with Assignment Action Reason (AAR) V7 -CONUS TO CONUS OTHER THAN PME GRAD.  This AAR is also listed in Item 22 (01) of his PCS order.  The AAR for an Advanced Assignment is AE - CONTIGENCY TDY ADV ASGN.  That said, the applicant’s assignment to XXXX AFB, XX was not an Advance Assignment based on his 365-Day Extended Deployment; hence, he is not eligible to any of the entitlements associated with an Advance Assignment such as relocating dependents.  Lastly, the applicant’s dependents were relocated without orders to XXXX 17 months prior to the PCS assignment being updated in MilPDS.

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 13 Oct 21, 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 not 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 does not substantiate the applicant’s contentions.  Specifically, the applicant’s orders did not authorize the early relocation of dependents.  Therefore, the Board recommends against correcting the applicant’s records.

4.  The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

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-2021-03021 in Executive Session on 20 Jan 22:

, 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 7 Sep 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3AM, dated 12 Oct 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 13 Oct 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.