MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            6 July 2000                 
	DOCKET NUMBER:   AR1999033336

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mr. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. Ernest M. Willcher		Member	
	Mr, John P. Infante		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That the travel orders that authorized the advance return of his dependents be corrected to authorize the early return of his dependents.

APPLICANT STATES:  That his former personnel services battalion and local finance center gave him incorrect information.  On 20 July 1999 his wife’s doctor informed them that she was considered a high-risk pregnancy and should return to Germany or the U.S. for treatment.  The applicant, his wife and two small children were in Turkey and faced with her September 1999 delivery date.  The decision was made to seek the early return of the family to the U.S.  Armed with medical documentation, he requested authorization for the early return of dependents due to medical reasons.  With the assurance that his request would be approved he made reservations for his family to leave Turkey on 7 August 1999.  The physician later advised that he should also escort his wife due to the presence of the two small children.  He then submitted the necessary paperwork to seek authorization to escort his family back.  On 6 August 1999 he was informed that his request for authorization to escort his family was denied.  After his family’s departure, he continued to seek the early return of dependents authorization.  He submitted a request for early return of dependents, but was informed on 25 August 1999 that since his family had already departed his request could not be processed.

EVIDENCE OF RECORD:  The applicant's military records were not available.

The applicant is currently an E-6 on active duty at Fort Drum, New York.

In the processing of this case, an advisory opinion was obtained from the Defense Finance and Accounting Service (DFAS).  DFAS made no recommendation, as there was not enough available documents.  However, it was pointed out that effective 1 January 1998 there is neither regulatory authority nor guidance that would allow payment of basic allowance at the dependent location due to advance/early return of dependents.  The advisory opinion was provided to the applicant with no response as of this date.

Joint Federal Travel Regulation (JFTR) explains early and advance return of dependents as situations in which the dependent returns from overseas earlier than the sponsoring soldier.  However, early return of a dependent occurs prior

to the issuance of permanent change of station (PCS) orders and advance return of dependents occurs after the issuance of PCS orders.  Early return of a dependent may authorize an additional move at government expense.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion, it is concluded:

1.  The available evidence indicates the applicant did not receive early return of dependent authorization.  The applicant points out that on 6 August 1999, the afternoon prior to his family departure, he was told no approval had been granted.  The applicant then made the decision for his family to travel on the original PCS orders.  The governing regulation is clear on this issue.  Once the applicant had PCS orders his family could not be granted early return of dependents.  The applicant has not shown that he was provided incorrect information by the personnel service battalion or the finance support unit.

2.  It is possible that the applicant has a case for reimbursement because of the absence of guidance on payments of allowances due to the advanced early return of dependents.  The applicant did not submit supporting evidence such as copies of the DA Form 4187s he submitted, his PCS orders, letters received from the doctor or statements from the personnel and finance sergeants who told him his request for early return of dependent would be approved.  Neither has the applicant provided an explanation why he did not seek the timely assistance of the local travel office, his chain of command (especially company commander), the judge advocate general or the inspector general.  The absence of documentation precludes the Board from making an informed determination at this time.  The applicant should consider gathering all of the pertinent documentation mentioned above and submitting his case for reconsideration.

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___cmf __  ___emw _  ___jpi___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR1999033336	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000706	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	128.01	
2.		
3.		
4.		
5.		
6.