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AF | BCMR | CY1999 | 9802678
Original file (9802678.doc) Auto-classification: Approved


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-02678
            INDEX CODE:  100.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His Home of Record (HOR) be changed to.

His records be corrected to reflect that he was financially reimbursed
for a move in conjunction with his separation from the  Air  Force  to
join the Air National Guard.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His HOR while he was  in  the  Air  Force  was       ,       .   While
separating from the Air Force, he was told that he would only be given
a paid move to his HOR and anything else was up to him.  He  paid  the
difference to move his household goods and family to    ,      , where
he was going to join the        Air  National  Guard.   The        Air
National Guard picked him up in     and made his new HOR     ,       .
Upon careful consideration, he has now realized that  should  he  ever
desire to separate from the Air  National  Guard,  his  new  HOR  will
prevent him from getting paid for any move since he  is  stationed  at
his new HOR.

He was misinformed about his entitlements when he separated  from  the
Air Force in 1997.

In support of his appeal, the applicant provided a personal statement,
copies of orders, a voucher, a message, and other documents associated
with the matter under review.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Personnel Data System  (PDS)  indicates
that the applicant is currently serving in the Air National  Guard  in
the grade of major.

The relevant facts pertaining to this application are contained in the
letters  prepared  by  the  appropriate  offices  of  the  Air  Force.
Accordingly, there is no need to recite these facts in this Record  of
Proceedings.

_________________________________________________________________

AIR FORCE EVALUATION:

The Separations Branch,  AFPC/DPPRS,  reviewed  this  application  and
indicated that the applicant, while serving  on  active  duty  in  the
grade of captain applied for Palace Chase separation on  2 Oct 96  and
requested a waiver of his active duty  service  commitment  which  was
approved on 24 Oct 96.  At the time of his application for separation,
he was assigned to Air Base,.  He was provided a permanent  change  of
station (PCS) without a permanent change of assignment  (PCA)  from  S
Air Base to Air Force Base,       ,  for  the  purpose  of  separation
processing.  He was discharged from the Air Force on 6 Jan 97 and  was
appointed the next day in the       Air National Guard.

According to DPPRS, members serving overseas have  two  options  where
they may separate or retire other than overseas  area.   Under  option
one, a member can elect any base in the United States to  separate  or
retire which is nearest or directly enroute to the location the member
believes to be the final residence.  Under option two,  a  member  can
elect complete separation or retirement  processing  at  the  overseas
base and travel directly to final destination.

DPPRS indicated that the applicant elected to separate  at  Air  Force
Base as indicated in his application  to  separate  under  the  Palace
Chase program.  In their view, his separation was correct  and  orders
were issued in accordance with current Air Force procedures.

A complete copy of the DPPRS evaluation is at Exhibit C.

The Legislation and  Compensation  Division,  AF/DPRC,  reviewed  this
application and indicated that the applicant was properly counseled on
his entitlements incident to his separation from active duty with  the
Air Force.  However, had he out-processed at the base closest  to  his
HOR and then PCS’d to his  base  in       ,  he  would  have  saved  a
considerable amount of money.  Since it seems  no  one  at   Air  Base
informed him this would be a better course of action than choosing Air
Force Base, they recommend that his records be corrected  to  show  he
was PCS’d to  AFB, for separation and then PCS’d from his HOR  in,  to
his new duty station in    ,      .  This will allow the applicant  to
be reimbursed his actual transportation costs not to exceed  the  cost
of PCSing  from to      .  In addition, it will allow the Air Force to
reimburse the applicant for the excess cost of shipping his  household
good to       rather than to.

A complete copy of the DPRC evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant indicated that he strongly disagrees with the advisory  from
DPPRS.  He was not counseled at all on the possibility of  having  the
Air Force fully fund a PCS to his original HOR in, and then having the
Air National Guard fully fund another PCS from his HOR to    ,       .
Had he been told of this option, there is no way that  he  would  have
chosen to pay part of the move himself.

Applicant’s complete response is at Exhibit F.

_________________________________________________________________


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.  Having  carefully  reviewed
this application, we agree with  the  recommendation  of  AF/DPRC  and
adopt their rationale as the basis for our decision that the applicant
has been the victim  of  either  an  error  or  an  injustice.   After
reviewing the evidence provided, we are of the opinion that sufficient
evidence does exist to support a finding that the  applicant  may  not
have been adequately advised during his separation  processing  as  to
his best course of action, which could have saved him  a  considerable
amount of money.   In  view  of  the  above,  we  recommend  that  the
applicant’s records  be  corrected  as  indicated  below,  which  will
provide the applicant with the proper relief.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that  he  was  ordered  by
competent  authority  permanent  change  of  station  (PCS)  to,   for
separation processing; and, PCS from  his  home  of  record  (HOR)  in
,      , to his new duty station in    ,      .

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 2 Nov 99, under the provisions of AFI 36-2603:

      Mr. Douglas J. Heady, Panel Chair
      Mr. Clarence D. Long III, Member
      Ms. Marcia J. Bachman, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 9 Sep 98, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPRS, dated 14 Oct 98.
     Exhibit D.  Letter, AF/DPRC, dated 13 Nov 98.
     Exhibit E.  Letter, SAF/MIBR, dated 1 Mar 99.
     Exhibit F.  Letter, applicant, dated 13 Mar 99.




                                   DOUGLAS J. HEADY
                                   Panel Chair








AFBCMR 98-02678




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 he was ordered by
competent authority permanent change of station (PCS) to       AFB,
  , for separation processing; and, PCS from his home of record (HOR)
in      ,      , to his new duty station in    ,      .





    JOE G. LINEBERGER

    Director

    Air Force Review Boards Agency

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