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AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
IN THE MATTER OF:
DOCKET NUMBER: 97-02495
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His records be corrected to reflect that he was entitled to Safe
Haven benefits until 11 Dec 96, rather than 18 Oct 96.
APPLICANT CONTENDS THAT:
His benefits were terminated earlier than they should have been
because of the inaccurate information him and his spouse were
provided.
In support of his appeal, the applicant provided a supportive
statement and other documents associated with the matter under
review.
Applicant's complete submission is at Exhibit A .
STATEMENT OF FACTS:
Information extracted from Personnel Data System indicates that
the applicant is currently serving on active duty in the grade of
staff sergeant.
The relevant facts pertaining to this application are contained
in the letter prepared by the appropriate office of the Air
Force. Accordingly, there is no need to recite these facts in
this Record of Proceedings.
AIR FORCE EVALUATION:
The Military Compensation & Legislation Division, USAF/DPPC,
reviewed this application and recommended denial. DPPC noted the
applicant's allegations that decisions made as a result of
improper counseling, along with a lack of appropriate
reimbursements to meet required expenses, caused his family great
financial hardship. More specifically, he indicated the Randolph
TMO and Family Support Center told his spouse she was eligible to
request and accept a shipment from nontemporary storage without
it affecting her eligibility to receive Safe Haven/Designated
Place benefits.
According to DPPC, the Joint Federal Travel Regulation (JFTR),
paragraph U6005-E states that per diem allowance at the
designated place will terminate at 2400 hours on the day the
dependents first occupy the permanent residence or at 2400 hours
on the 30th day, whichever is earlier.
Criteria used to
determine what is meant by lroccupy permanent residence" include :
statement of member/dependents that the residence will be used
until member's next PCS; length of lease or other agreement;
children in school; turning on utilities in member's/dependent's
name; or former residence is occupied. If none of these apply,
once household goods (HHG) (other than unaccompanied baggage) are
delivered, then permanent residence is occupied. There was some
initial confusion on the part of evacuated families as to which
criteria would actually terminate their entitlements. The Air
Force, in conjunction with the Army, adopted the most liberal
criteria :
This criteria
coincided with what families had originally been briefed while
still ir, Saudi Arabia and is printed on the 5 Oct 96 Designated
Location Memorandum. The applicant's spouse accepted shipment of
household goods from nontemporary storage on 18 Sep 96. At the
time, she was in a Safe Haven status, as opposed to Designated
Place status, and should not have been allowed to receive a
household goods shipment.
acceptance of household goods.
DPPC indicated that the intent of designated place allowances is
to help defray the costs of locating and establishing a permanent
residence at the designated place. Family members are expected
to occupy a permanent residence as soon as possible.
Upon
occupancy of the permanent residence, designated place allowances
( p e r diem and local travel) terminate and normal allowances
associated with a PCS move begin (i.e., Dislocation Allowance
when all dependents arrive at the designated place and Variable
Housing Allowance when dependents occupy the permanent
residence). Additionally, sponsors continue drawing their basic
allowance for quarters (BAQ) and family separation allowance I1
(FSA-11) to help pay the living expenses of their family members.
Effective 3 Sep 96, all Department of Defense (DOD) family
members in safe haven status or in authorized delay (except those
joining their sponsor on an accompanied tour) , were directed to
move to a designated place as soon as practical, but not later
than 18 Oct 96. When the applicant's spouse accepted delivery of
household goods from nontemporary storage on 18 Sep 96, she was
still in a Safe Haven status. A s such, there was no entitlement
to receive household goods.
The entitlement to Safe Haven
benefits, therefore, continued until she converted to a
Designated Place status.
Since she had already received
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AFBCMR 97-02495
household goods on the date she entered Designated Place status
on 18 Oct 96, all Safe Haven/Designated Place entitlements
stopped.
DPPC stated that the repatriation of families from Saudi Arabia
was a unique situation involving complicated entitlement issues.
The applicant did experience unnecessary hardship as a result of
miscounseling and delayed receipt of entitlements for 30 days.
Although they realize these were trying times f o r his family, in
DPPC's view, they can find no reasons, based on Safe
Haven/Designated Place provisions in establishing a permanent
residence, to extend entitlements beyond 18 Oct 96.
A complete copy of the DPPC evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant indicated that if him and his spouse had received
accurate facts concerning the receipt of household goods, their
actions would have been radically different. They listened to
the rules, took actions based on those rules, and then were told
that the original rules were wrong. He should not be penalized
nearly $2,000 because of someone else's lack of knowledge. They
are not trying to put one over on the government. They simply
would like to be paid the Safe Haven benefits for the period
19 Oct 96. During this period, his wife had to buy all the
things necessary for day-to-day living that were in the shipment
which arrived on 11 Dec 96. She had to buy these things after
the benefits were already cut off.
Applicant's complete response is at Exhibit E.
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted ail 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 probable error or injustice. After
reviewing the facts and circumstances of this case, it appears
that the applicant and his wife may not have been properly
advised during the evacuation and repatriation of dependents from
Saudi Arabia, resulting in a financial burden to him and his
family. In our view, any doubt regarding this matter should be
resolved in favor of the applicant. Accordingly, we recommend
that the applicant's records be corrected to reflect that he was
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AFBCMR 97-02495
entitled to Safe Haven benefits until 11 Dec 96 rather than
18 Oct 96.
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that his request for
Safe Haven allowance(s) for the period 19 Oct 96 to 11 Dec 96,
was approved by competent authority.
The following members of the Board considered this application in
Executive Session on 19 May 98, under the provisions of AFI 36-
2603 :
Ms. Patricia J. Zarodkiewicz, Panel Chair
Mr. Jackson A. Hauslein, Member
Mr. Robert W. Zook, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 21 Aug 97, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ USAF/DPPC, dated 3 Oct 97.
Exhibit D. Letter, SAF/MIBR, dated 27 Oct 97.
Exhibit E. Letter, applicant, dated 31 Oct 97. (--
Panel C h a w
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