RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 98-01734
INDEX CODE: 128
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
She receive Family Separation Allowance (FSA) for an unaccompanied tour of
duty from 2 August 1997 to 28 May 1998.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The reasons the applicant believes the records to be in error or unjust and
the evidence submitted in support of the appeal are at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application, extracted from the
applicant's military records, are contained in the letter prepared by the
appropriate office of the Air Force Office of Primary Responsibility (OPR).
Accordingly, there is no need to recite these facts in this Record of
Proceedings.
_________________________________________________________________
AIR FORCE EVALUATION:
The Chief, Legislation & Compensation Division, HQ USAF/DPRC, reviewed the
application and states that Title 37, U.S.C., Section 427 authorizes FSA
for members serving in dependent-restricted areas. 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. Effective 1 January 1998, military couples
that are separated by execution of orders are entitled to FSA, regardless
of dependency status, and do not require a separate waiver application.
Applicant has not met any of the conditions for FSA waiver and should not
have been previously granted an FSA waiver.
A complete copy of the Air Force evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR STAFF EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the applicant
on 3 August 1998 for review and response. As of this date, no response has
been received by this office.
_________________________________________________________________
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 probable error or injustice. After reviewing the evidence of
record, it appears that the applicant was ordered to a new duty assignment
in a permanent change of station (PCS) move. Because she was married and
her spouse was not able to accompany the applicant to her new duty station,
she elected to serve an unaccompanied tour. She requested a waiver for the
FSA and a letter, dated 29 May 1998 indicated that the policy that a member
is not entitled to the FSA was waived. The letter stated that the waiver
was effective upon date of signature and remained in effect until member
departs Keflavik on a permanent change of station or enters a voluntary
extension, provided she is otherwise entitled. The applicant believed she
was authorized this entitlement. Therefore, in order to offset an
injustice to the applicant, we recommend the her records be corrected to
the extent indicated below.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating
to APPLICANT, be corrected to show that she requested, and a competent
authority approved, a Secretarial waiver authorizing payment of Family
Separation Allowance, Type II (FSA-II) during her unaccompanied tour, from
the date of her arrival at Keflavik Naval Air Station, Iceland, in a
permanent change of station (PCS) status, effective 2 August 1997.
_________________________________________________________________
The following members of the Board considered this application in Executive
Session on 2 February 1999, under the provisions of AFI 36-2603:
Mr. Michael P. Higgins, Panel Chair
Mr. Richard A. Peterson, Member
Mr. Patrick R. Wheeler, Member
All members voted to correct the records, as recommended. The following
documentary evidence was considered:
Exhibit A. DD Form 149, dated 11 Jun 98, w/atchs.
Exhibit B. Letter, HQ USAF/DPRC, dated 13 Jul 98.
Exhibit C. Letter, AFBCMR, dated 3 Aug 98.
MICHAEL P. HIGGINS
Panel Chair
INDEX CODE: 128
AFBCMR 98-01734
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:
The pertinent military records of the Department of the Air Force
relating to , be corrected to show that she requested and received a
Secretarial waiver authorizing payment of Family Separation Allowance, Type
II (FSA-II) during her unaccompanied tour, from the date of her arrival at
Keflavik Naval Air Station, Iceland, in a permanent change of station (PCS)
status, effective 2 August 1997.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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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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