RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 99-01161
INDEX CODE: 128.10
XXXXXXXXXX COUNSEL: None
XXXXXXXXXX HEARING DESIRED: No
APPLICANT REQUESTS THAT:
He be reimbursed $6,667.28 for expenses incurred due to the
cancellation of his permanent change of station (PCS) orders.
APPLICANT CONTENDS THAT:
The reasons applicant believes he has been the victim of an error
and/or an injustice are contained in his complete submission, which is
at Exhibit A.
STATEMENT OF FACTS:
The applicant is currently serving on extended active duty in the
grade of captain (DOR: 30 May 1994) assigned to the Space/Missile
Systems Center in Los Angeles, CA.
The remaining relevant facts pertaining to this application are
contained in the official documents provided by the applicant and 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 Assignment Advisor, HQ AFPC/DPAPP2, reviewed this appeal and
provides his rationale for recommending denial.
A complete copy of the evaluation is at Exhibit B.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the
applicant on 24 May 1999 for review and comment within 30 days. As of
this date, this office has received no response.
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. After a thorough review
of the evidence of record and the applicant’s submission, a majority
of the Board is not persuaded that he should be reimbursed for
$6,667.28. The applicant’s contentions are duly noted; however, the
Board majority does not find these uncorroborated assertions, in and
by themselves, sufficiently persuasive to override the rationale
provided by the Air Force. We note the dependency for the applicant’s
mother was not approved until after the PCS to Indian Springs was
cancelled. The majority therefore agrees with the recommendations of
the Air Force and adopts the rationale expressed as the basis for our
decision that the applicant has failed to sustain his burden of having
suffered either an error or an injustice. Therefore, absent persuasive
evidence to the contrary, the majority of the Board finds no
compelling basis to recommend granting the relief sought.
RECOMMENDATION OF THE BOARD:
A majority of the panel finds insufficient evidence of error or
injustice and recommends the application be denied.
The following members of the Board considered this application in
Executive Session on 10 February 2000 under the provisions of AFI 36-
2603:
Mr. Joseph G. Diamond, Panel Chair
Mr. Gregory H. Petkoff, Member
Mr. Jay Jordan, Member
By a majority vote, the Board recommended denial of the application.
Mr. Petkoff voted to grant but does not wish to submit a Minority
Report. The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 23 Apr 99, w/atchs.
Exhibit B. Letter, HQ AFPC/DPAPP2, dated 10 May 99.
Exhibit C. Letter, AFBCMR, dated 24 May 99.
JOSEPH G. DIAMOND
Panel Chair
AFBCMR 99-01161
MEMORANDUM FOR EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR
CORRECTION OF MILITARY RECORDS
(AFBCMR)
SUBJECT: XXXXXXXXXX, XXXXXXXXXX
By a majority vote, the Board recommended that the applicant’s
request for reimbursement in the amount of $6,667.28 for expenses
incurred in moving his mother be denied. The applicant contended that
he applied for his mother’s dependency and moved her based on the PCS
orders assigning him to Indian Springs AAF, NV. These orders were
then cancelled at the last minute after he had already incurred
expenses in moving her. The majority of the Board noted that, since
the dependency for the applicant’s mother was not approved until after
the PCS to Indian Springs was cancelled, the moving expenses he
incurred were the result of his own premature actions. Mr. Petkoff
voted to grant the applicant’s specified request but did not submit a
Minority Report.
After carefully reviewing the evidence of record and considering
the Board’s recommendation, I am inclined believe that some relief is
warranted. In this regard, it seems the applicant acted reasonably in
moving his mother, anticipating that her dependency would be approved--
-which it ultimately was. The fact that the PCS had to be cancelled
suddenly due to his medical profile was a factor beyond his control.
However, I don’t think the applicant should be reimbursed for the
amount he specified because some of the expenses appear questionable
and, in my view, may not have been allowable even if the dependency
had been timely and the PCS to Indian Springs had not been cancelled.
Therefore, I direct that the applicant’s records be corrected to
reflect his mother’s dependency at an earlier date, with entitlement
to reimbursement for actual authorized costs incurred not to exceed
the cost to the government for his mother’s authorized travel from
Fairchild AFB to Indian Springs AAF.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
AFBCMR 99-01161
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 XXXXXXXXXX, XXXXXXXXXX, be corrected to show that:
a. On 11 July 1998, competent authority determined his
mother was his legal dependent.
b. Under the provisions of Special Order ABA-602, dated 13
July 1998, his mother, was entitled to a fully funded move from
Fairchild AFB, WA, to Indian Springs AAF, NV, and he is entitled to
reimbursement for actual authorized costs incurred not to exceed the
cost to the government for her authorized travel.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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