RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2022-01034

XXXX X. XXXX	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

He be reimbursed in the amount of $2,650 for personally procuring the storage of his Privately Owned Vehicle (POV).

APPLICANT’S CONTENTIONS

His orders, dated 28 Nov 18, specifically authorized him POV storage and did not have an allowance for shipping his vehicle to XXXX while he was on a short tour.  Additionally, he received a memorandum from the Traffic Management Office (TMO), dated 4 Dec 18, authorizing POV storage in the local area.  After he arrived at his follow-on duty station, he was informed his POV storage was not eligible for reimbursement, because he was authorized vehicle shipment.  His actions were based on his orders and the guidance provided by the Air Force Personnel Center (AFPC), local Military Personnel Flight and local TMO.  He has tried to resolve the situation at the local level for two years without success.  He consulted with the Judge Advocate to verify all his paperwork is in order and that he has a valid claim.  He executed his orders as they were given and now, he is burdened with a sizable debt.  If he shipped a vehicle it would have costed up to $11,000 and by storing his POV he saved the Air Force $8,350.

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 Nov 18, Special Order XXXX, provided by the applicant, shows he was assigned to XXXX, with a report not later than date (RNLTD) of 10 Jan 19.  Item 14 states, POV storage is authorized.

On 13 Dec 18, Order Number XXXX, provided by the applicant, amended Special Order XXXX RNLTD to read 15 Feb 19.

On 14 Feb 19, the applicant’s Report on Individual Personnel (RIP) reflects his Effective Duty Date (EDD) at XXXX.

On 14 Jan 20, Special Order XXXX, shows he was assigned to XXXX, with a RNLTD of 30 Apr 20.

On 27 Aug 20, Order Number XXXX, amended Special Order XXXX RNLTD to read 31 May 20.

On 15 May 20, the applicant’s RIP reflects his EDD 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 granting the application.  Based on the documentation provided by the applicant and analysis of the facts, there is evidence of an error on the order issuing officials and TMO.  The order issuing officials made an error in authorizing POV storage in the orders and TMO followed suit by issuing a storage letter without questioning the orders.

The Joint Travel Regulations (JTR), paragraph 010206 states in part, 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.  The TMO should have challenged the error in the Permanent Change of Station (PCS) orders; which they failed to do.  Additionally, the Personal Property Consignment Instruction Guide advises Active Duty Air Force members assigned to the XXXX in grades E-7, GS-5 and above who are on an unaccompanied tour are authorized shipment of one POV.  The applicant received erroneous information from the order issuing authority, as well as TMO and acted in good faith in procuring storage for the POV.  Furthermore, JTR, paragraph 0532-B.3.a states, “If Government storage is available, then a Service member may personally arrange POV storage at either the Service-designated facility or a commercial storage facility other than the Service-designated facility. A Service member may be reimbursed for travel to and from a commercial storage facility, limited to the cost of travel to a Service designated storage facility. Reimbursement is for the actual storage cost and limited to what it would have cost the Government to store the POV.”

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 Apr 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 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.  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 APPLICANT be corrected to show that he be reimbursed for POV storage, not to exceed the Government Constructed Cost, while on a short tour to XXXX.

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-2022-01034 in Executive Session on 30 Jun 22:

, 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 28 Mar 22.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, PPA HQ/LHE, w/atchs, dated 19 Apr 22.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 19 Apr 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.