RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 98-02470
INDEX CODE 128.02
COUNSEL: No
HEARING DESIRED: Yes
_________________________________________________________________
APPLICANT REQUESTS THAT:
His permanent change of station (PCS) order be amended to reflect
approval for early relocation of his dependents and authorize payment
of overseas station allowances.
_________________________________________________________________
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. Accordingly, there is no
need to recite these facts in this Record of Proceedings.
_________________________________________________________________
AIR FORCE EVALUATION:
The Dependent Travel Advisor, HQ AFPC/DPAPP1, reviewed the appeal and
explains why he supports amending the PCS order to allow advance
dependent travel and transportation entitlements but recommends
denying payment of overseas station allowances.
A complete copy of the Air Force evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the evaluation was forwarded to the applicant on 23
November 1998 for review and comment within 30 days. As of this date,
no response has been received by this office.
_________________________________________________________________
ADDITIONAL STATEMENT OF FACTS:
In Executive Session on 21 January 1999, the Board asked for legal
verification of DPAPP1’s recommendation/rationale, i.e., is paragraph
U9157B3 of the Joint Federal Travel Regulations (JFTR) specifically
addressed by statute and are waivers permitted. The Chief, General
Law Division of HQ USAF/JAG verified that Title 37, USC, Section 405,
clearly does not authorize payment of an overseas allowance before the
date a member departs the Continental US (CONUS), regardless of the
location of a member’s dependents. Therefore, the Secretary may not
pay allowance for a period not authorized by statute.
_________________________________________________________________
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 to warrant partial
relief. The circumstances of this case appear to justify amending the
PCS orders to allow for advance dependent travel and transportation
entitlements. However, the criteria for payment of overseas station
allowances as requested by the applicant are established by statute
and waivers are not permitted. While overseas allowances are
authorized by Title 37, USC, Section 405, this statute does not
authorize payment before the date a member departs the CONUS,
regardless of the location of the dependents. Since the applicant’s
situation does not meet the statutory requirements to allow granting
this portion of his request, we agree with the Air Force’s suggested
partial relief and recommend the applicant's 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 AF Form 899, Request
and Authorization for Permanent Change of Station, Special Order
Number AC-0128, dated 18 November 1997, be amended to reflect
authorization by competent authority for advance dependent travel and
travel entitlements from Davis-Monthan AFB, Arizona, to Elmendorf AFB,
Alaska.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 21 January and 8 March 1999, under the provisions
of AFI 36-2603:
Mr. Michael P. Higgins, Panel Chair
Dr. Gerald B. Kauvar, Member
Ms. Dorothy P. Loeb, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 Aug 98, w/atchs
Exhibit B. Letter, HQ AFPC/DPAPP1, dated 26 Oct 98, w/atchs.
Exhibit C. Letter, AFBCMR, dated 23 Nov 98.
MICHAEL P. HIGGINS
Panel Chair
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