RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2022-01159

XXXX X. XXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

Reimbursement in the amount of $319.89 for the cost of shipping breast milk during her Permanent Change of Station (PCS). 

APPLICANT’S CONTENTIONS

Because of her PCS, she used personal funds to facilitate the movement of her child's nourishment.  Her PCS assignment occurred immediately following the end of her maternity leave during which she had worked to build a supply of frozen breast milk to be utilized once she returned to work.  A transportation service provider would have packed and transported canned or powdered formula.  This causes an inequity because a service member choosing to breastfeed their child instead of using canned or powdered formula must use personal funds to transport their child's nourishment.  There is an increased hardship in transporting frozen breast milk in a vehicle during the PCS rather than having it shipped.  Additionally, freezers are not readily available in most hotels in order to keep breast milk frozen throughout five days of travel.  Dry ice is not always accessible during travel, and her family had safety concerns having dry ice accessible near her two children in the vehicle during the PCS.  Once frozen breast milk has thawed, it is only safe for use within 24 hours.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

On 4 Oct 21, Special Order XXXX was published relieving the applicant from XXXX and assigning the applicant to XXXX, with a report not later than date of 28 Feb 22.

On 25 Feb 22, according to the  applicant’s Report on Individual Personnel summary, she arrived at her new assignment in XXXX.

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

AIR FORCE EVALUATION

HQ USAF/A1PA 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.  To date there is no authority that allows for payment to ship breast milk  for a PCS.  The Joint Travel Regulations (JTR) authorized the shipment of  breast milk  for women who are on temporary duty (TDY) effective 7 Apr 22.  In accordance with the JTR, table 2-24, expenses associated with the transport of breast milk expressed by a Service member or civilian employee while on TDY travel may only be authorized for TDY longer than three calendar days and up to 24 months from the date the Service member or civilian employee gave birth. Authorized expenses may be reimbursed up to a maximum of  $1,000 per TDY trip only when authorized in advance on the travel authorization and accompanied by all valid receipts ($75 minimum not applicable). Expenses may include the following or related fees: commercial shipping fees, excess baggage, storage bags or containers, cold shipping packages, refrigeration, and transportation. Expenses may not include the cost of a rental car. Travelers are ultimately responsible for arranging the transport of breast milk and for handling all related logistics. 

During a PCS move, a dependent under 12 years old receives 50 percent of the standard CONUS [Continental United States] per diem rate. The maximum per diem rate for FY22 is $155 a day. The applicant’s dependent will receive $77.50 per day.  Moreover, the authority was not implemented in the JTR until 1 May 22 and was not effective until 7 Apr 22. The applicant departed XXXX and arrived at XXXX before the current authority was effective.  Nonetheless, according to the JTR, the applicant is not entitled to breast milk shipment as she was on PCS orders.

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 24 Oct 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 is sympathetic towards the applicant’s dilemma; however, the JTR only authorizes reimbursement for shipment of breast milk when the mother is TDY.  However, should a future change to the JTR allow members to be reimbursed for shipping breast milk during PCS assignments, the Board would be willing to reconsider the applicant’s request.  Therefore, the Board concurs with the rationale and recommendation of HQ USAF/A1PA and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  Accordingly, the Board recommends against correcting the applicant’s records.

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-2022-01159 in Executive Session on 15 Dec 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 15 Apr 22.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, HQ USAF/A1PA, w/atchs, dated 21 Oct 22.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 24 Oct 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.