RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2022-00795

XXXX X. XXXX	COUNSEL: NONE

	HEARING REQUESTED: YES 

APPLICANT’S REQUEST

He be reimbursed for the movement of his household goods (HHG), which were moved in conjunction with orders for a full Permanent Change of Station (PCS).

APPLICANT’S CONTENTIONS

Due to his 10-month academic assignment in XXXX, XX, he received an assignment to XXXX, XX in the summer of 2021.  At the time of the notification, he lived in XX, where he moved to begin the academic assignment.  The housing accommodations were made based on the academic assignment, and not a long-term assignment in the area.  He inquired with the assignment branch about whether his HHGs could be moved at the government’s expense and he was told his assignment would be loaded as a regular PCS rather than a low-cost PCS.  When he went to schedule his move with the local Traffic Management Office (TMO), they refused to assist him on the basis that the Joint Travel Regulations (JTR) required approval from his gaining command for a short distance move.  Due to unknown reasons his gaining commander refused to authorize the movement of his HHGs at the government’s expense.  He moved his HHGs at his expense and submitted a Personally Procured Move package to his gaining TMO, which was denied for the same cited JTR provision.  In effect he was involuntarily forced to accept a low-cost PCS which is in violation of AFI 36-2110, Total Force Assignments, paragraph 5.41 and the related HHG allowances were denied in violation of paragraph 5.42. 

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

On 28 Apr 21, Special Order XX- XXXXX, shows he was assigned from XXXX to XXXX, with a report Not Later Than date of 30 Jun 21.

On 30 Jun 21, the applicant’s Report on Individual Personnel reflects his Effective Duty Date at XXXX.

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

AIR FORCE EVALUATION

PPA HQ/LHE recommends denying the application.  Based on the documentation provided by the applicant and analysis of the facts, there is no evidence of an error or injustice by the transportation community.  JTR, paragraph 051901-A, advises a short distance move between Permanent Duty Station’s within proximity of each other is not authorize unless approved by the gaining installation commander.  Additionally, the applicant’s gaining commander declined to sign his memorandum request in accordance with JTR, paragraph 051901-A.

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 9 Jun 22 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 PPA HQ/LHE and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  In this respect, the Board notes the gaining commanders delegated authority declined to sign the applicant’s memorandum request in accordance with JTR, paragraph 051901-A.  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-2022-00795 in Executive Session on 12 Jul 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 3 Mar 22.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, PPA HQ/LHE, w/atchs, dated 9 Jun 22.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 9 Jun 22.

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.