DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC
3Ul - 11998
a 5
Office of the Assistant Secretary
AFBCMR 98-00763
MEMORANDUM FOR THE CHIEF OF STAFF
Under the authority of Section 1552, Title 10, United States Code, Air Force Instruction
36-2603, and having assured compliance with the provisions of the above regulation, the
decision of the Air Force Board for Correction of Military Records is announced, and it is
directed that:
records of the Department of the Air Force relating t-
e corrected to show that he requested, and a competent authority
er authorizing payment of Family Separation Allowance, Type I1
eparation fiom his dependents to the dependents departure fiom
ctive 25 August 1995 through 10 May 1997.
dPl&!G>yL
DONNA PITTENGER
Chief Examiner
Air Force Board for Correction
of Military Records
DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC
JUL - 11998
Office of the Assistant Secretary
AFBCMR 98-00763
MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR
*
SUBJECT:
Having carefully reviewed this application, we agree with the recommendation of the Air
Force Evaluation and adopt the rationale expressed as the basis for our decision that the applicant
has been the victim of either an error or an injustice. Therefore, under the authority delegated in
AFI 36-2603, the applicant's records will be corrected as set forth in the accompanying
Memorandum for the Chief of Staff signed by the Executive Director of the Board or his
designee.
A
Panel Chair
Attachment:
Ltr, HQ USAFDPPC, dtd 17 Apr 98
DEPARTMENT OF THE AIR FORCE
HEADQUARTERS UNITED STATES AIR FORCE
WASHINGTON, DC
MEMORANDUM FOR AFBCMR
FROM: HQ USAF'LDPPC
1040 Air Force Pentagon
Washington DC 20330-1040
This Air Staff advisory is submitted in reference to subject application, dated 10 Mar 98.
company his military spouse and
was denied a join-s
their assignment to
Title 37, U.S.C., Section 427 only authorizes FSA for members serving in dependent-
restricted meas. A member who elects to serve an unaccompanied tour in lieu of an accompanied
tour at a permanent station where the member's dependents are permitted is not entitled to FSA
unless waived by the Service Secretary. The waiver authority is prospective only and is limited
to situations in which it would be inequitable to deny the allowance to the member because of
unusual family or operational circumstances. These circumstances are defined in Department of
Defense Financial Management Regulation (DoDFMR), Volume 7A, paragraph 270301E as:
1) when certified medical reasons involving family members or terrorist activity would make it
inappropriate for dependents to accompany the member; 2) when ships in overhaul make
temporary homeport changes; or 3) when married military couples with children are
involuntarily separated by military orders.
et the conditions in item (3) above. He was verbally denied the FSA
smce e ependents where with his spouse in the overseas area. Due to this
entitlement
idormation he did not believe he was entitled to FSA and did not frle for a waiver. Upon M e r
he would have been eligible for the entitlement if he had filed for
research-found
a waiver, so he submitted the appropriate paperwork. Waiver approvals are prospective ody and
could not be approved retroactively.
thd
9800763
We recommend approval o-request
separation from his dependents (25 Aug 95) to the dependents departure h m the overseas area
(10 May 97). We recommend his record be changed to reflect that he had an approved
Secretarial waiver to receive FSA effective 25 Aug 95 through 10 May 97. Action officer is
TSgt Hogue, DSN 227-0682.
2
for payment of FSA fiom the date of
STEVEN L. TINDELL, Col, USAF
Chief, Military Compensation & Legislation
Division
Directorate of Personnel Programs,
Education and Training
DEPARTMENT OF THE AIR FORCE WASHINGTON, D.C. Office of the Assistant Secretary AFBCMR 98-025 13 \ MEMORANDUM FOR THE CHEF OF STAFF Under the authority of Section 1552, Title 10, United States Code and AFI 36-2603, and having assured compliance with the provisions of the above regulation, the decision of the Air Force Board for Correction of Military Records is announced, and it is directed that: records of the Department of the Air Force relating td 1".~-_1_- gertinent military Sgparation...
2 Since -was authorized dependent travel to the overseas area, his entitlement to FSA and FSH is determined by the reasons for the Early Return of Dependents. ed upon justifiable medical advice, requested his dependents be returned to the TR, Par U5240-D, Return of Dependents from OCONUS Due to Personal Situations. 7A states that entitlement to FSA and FSH does not accrue if are returned for the reasons specified in JFTR, Par U5240-D.
Panel Chairman Attachment: Ltr, HQ USAF/DPPCC, dtd 31 May 94 D E P A R T M E N T OF THE A I R FORCE BOARD FOR CORRECTION OF MILITARY RECORDS WASHINGTON DC 20330- 1430 AFBCMR 94-01821 MEMORANDUM FOR THB'CHIEF OF STAFF Under t h e authority of Section 1552, Title 10, United States Code, Air Fore6 Regulation 31-3, and having assured compliance with the provisions of the above regulation, the decision of the Air Force Board for Correction of Military Records is announced, and it is directed...
A member who elects to serve an unaccompanied tour in lieu of an accompanied tour at a permanent station where the member's dependents are pern1itted is not entitled to FSA unless waived by the Service Secretary The waiver authority is prospective only and is limited to situations in which it would be inequitable to deny the allowance to the member because of unusual family or operational circumstances. However, because the waiver authority is prospective only, he could not be paid FSA for...
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