RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 00-02138
INDEX CODE: 100.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be changed to show he is due reimbursement for travel and
transportation including household goods (HHGs) of his wife.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His tour started out as an unaccompanied tour but changed to an accompanied
tour after being married and command sponsoring his wife so that she could
join him. He contacted his military personnel flight (MPF) to arrange for
delivery of his wife’s household goods (HHG) and reimbursement of travel
expenses. He was told by personnel at xxxx MPF that there were regulations
restricting him from receiving entitlements because he was married after
his tour started.
This regulation prevents him from receiving the same entitlements that
every other military member has that is serving on an accompanied tour and
has their spouse “command sponsored.” There is no difference from him and
a military member who receives these entitlements other than the fact that
his marriage date is after the date that his tour started. It is an
injustice to deny him these entitlements when he is providing the same
services and time as the military member who was given these basic
entitlements.
In support of his appeal, the applicant provided a personal statement, and
other documentation.
Applicant’s complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving on extended active duty in the grade of
senior airman.
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.
It appears according to the applicant’s personal records, he entered his
second tour of duty on 13 March 1999, and was married on 20 March 2000.
_________________________________________________________________
AIR FORCE EVALUATION:
The Chief, Compensation & Entitlements, HQ USAF/DPRCC, reviewed this
application and states that the applicant is currently serving a second
tour of duty in xxxx xxxx, xxxx. During this second tour of duty the
applicant married another active duty member who was stationed at xxxx AFB
in xxx xxxx, xxx. She separated from the Air Force and joined her husband
in Italy. The Air Force has refused to reimburse the member for his wife’s
travel and household goods shipment expenses to his current duty station.
Had the applicant been married prior to entering his second tour of duty
the Air Force would have been able to reimburse him for his wife’s travel.
Unfortunately, by law (Title 37 U.S. Code) a member’s travel entitlements
become fixed on the date of his travel orders, in this case on the date he
entered his second tour of duty in xxx xxx, xxx. The applicant was single
when he entered his second tour of duty. Therefore, he is not due travel
and transportation entitlements for a dependent spouse.
A complete copy of the Air Force evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 13 October 2000 a copy of the Air Force evaluation was forwarded to the
applicant for review and response within thirty (30) days. 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. Insufficient relevant evidence has been presented to demonstrate the
existence of probable error or injustice. We took notice of the
applicant's complete submission in judging the merits of the case; however,
we agree with the opinion and recommendation of the Air Force and adopt
their rationale as the basis for our conclusion that the applicant has not
been the victim of an error or injustice. Had the applicant been married
prior to entering his second tour of duty the Air Force would have been
able to reimburse him for his wife’s travel. However, he was single when
he entered his second tour of duty and is not eligible for travel and
transportation entitlements for a dependent spouse. Therefore, in the
absence of evidence to the contrary, we find no compelling basis to
recommend granting the relief sought in this application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of probable material error or injustice; that the application
was denied without a personal appearance; and that the application will
only be reconsidered upon the submission of newly discovered relevant
evidence not considered with this application.
_________________________________________________________________
The following members of the Board considered this application in Executive
Session on 6 December 2000, under the provisions of AFI 36-2603:
Mr. Teddy L. Houston, Panel Chair
Mr. Laurence M. Groner, Member
Ms. Diana Arnold, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 3 August 2000, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, USAF/DPRCC, dated 14 September 2000.
Exhibit D. Letter, SAF/MIBR, dated 13 October 2000.
TEDDY L. HOUSTON
Panel Chair
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