RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-05412

		COUNSEL:  NONE

		HEARING DESIRED:  NO 


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APPLICANT REQUESTS THAT:

His Permanent Change of Station (PCS) order AE-007654, dated 22 Oct 10, be amended to reflect deferment of dependent travel.  

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APPLICANT CONTENDS THAT:

He should have received the basic allowance for housing (BAH) rate for his dependent’s location from the date he arrived at his new duty station, 24 Oct 10, until the date his dependents arrived at his new duty station, 26 Dec 10.  He was not authorized to relocate his family concurrently due to training constraints; then due to his wife’s medical recovery after giving birth to their son, she was restricted to no travel until 26 Dec 10.  

The applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 3 Aug 10, and currently serves in the grade of senior airman (E-4).

Special Order AF-28095, dated 15 Sep 10, assigned the applicant to Survival Evasion Resistance Escape (SERE) Indoctrination Course, Lackland AFB, TX, reporting 4 Oct 10, for approximately 18 days.

Special Order AE-007654, dated 22 Oct 10, assigned the applicant to Fairchild AFB, WA, reporting no later than 25 Oct 10.  

The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.    

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AIR FORCE EVALUATION:

AF/A1PA recommends granting relief, indicating sufficient evidence has been presented to demonstrate the existence of error or injustice.  Based on an apparent error by the SERE instructors advising members to delay dependent travel in contravention of the PCS orders that led to the delayed travel associated with the applicant’s spouse’s medical condition following delivery of their child, a BAH waiver in accordance with JFTR para U10412-C would be appropriate in this case.  Based on the aforementioned events, the Board should grant a BAH waiver from 24 Oct 10, when the applicant arrived at his PCS location, until 26 Dec 10, when his spouse and dependent arrived at the PCS location.  The BAH waiver will be the basis to reverse the applicant’s debt of $691.27 to the Federal government incurred as a result of this error. 

A complete copy of the AF/A1PA evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 27 Jan 14 for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit D).

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THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  We took notice of the applicant’s complete submission in judging the merits of the case and agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has been the victim of an error or injustice.  Therefore, we recommend the applicant’s record be corrected as indicated below.

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THE BOARD DETERMINES THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that competent authority granted the applicant a BAH waiver from 24 October 2010 to 26 December 2010 in accordance with JFTR para U10412-C, with the applicable BAH rate of the Military Housing Area (MHA) Nashville, Tennessee (TN269). 

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The following members of the Board considered AFBCMR Docket Number BC-2013-05455 in Executive Session on 23 Sep 14, under the provisions of AFI 36-2603:

	

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 16 Sep 13, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AF/A1PA, dated 11 Mar 14.
	Exhibit D.  Letter, SAF/MRBR, dated 2 Jun 14.

















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