RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  00-02642
            INDEX NUMBER:  128.00

      XXXXXXXXXXXXX    COUNSEL:  None

      XXX-XX-XXXX      HEARING DESIRED:  No

_______________________________________________________________

APPLICANT REQUESTS THAT:

In two applications, applicant requests that (1) the debt she  incurred
for airline tickets incorrectly provided to her  be  remitted  and  (2)
that she be reimbursed for temporary lodging  expenses  (TLE)  incurred
during her entry on active duty.

_______________________________________________________________

APPLICANT CONTENDS THAT:

Personnel at her ROTC detachment  incorrectly  advised  her  on  travel
entitlements to her temporary  duty  (TDY)  station  resulting  in  her
obtaining an unauthorized plane ticket.

Personnel in the billeting office incorrectly advised her that she  was
entitled to TLE when she arrived at her permanent duty station (PDS).

She did not realize that she was being provided incorrect guidance  due
to her lack of experience in these areas and the fact that  she  was  a
new accession.

Both of the applicant’s submissions are at Exhibit A.

_______________________________________________________________

STATEMENT OF FACTS:

According to information contained in the personnel  data  system,  the
applicant is a second lieutenant serving on active duty.   She  entered
active duty on 9 Jul 00 and has a Total Active Federal Military Service
Date (TAFMSD) of 9 Jul 00.

_______________________________________________________________

AIR FORCE EVALUATIONS:

The  Chief,  Compensation  &  Entitlements,  AF/DPRCC,  evaluated   the
applicant’s request for TLE reimbursement.  They state  that  applicant
appears to have been miscounseled by the  base  billeting  office,  but
recommends that her request be denied.

IAW the Joint Federal Travel Regulation, Vol 1, par U5705B, “…a  member
is not entitled to TLE due to a move when entering active duty  (except
for enlisted members reporting to their first PDS).”

The complete evaluation is at Exhibit C.

The Traffic Management Division, AFPC/DPAMP, evaluated the  applicant’s
request for remission of the debt for the unauthorized airline  ticket.
They recommend that the applicant’s  request  be  granted  and  she  be
reimbursed $120.40.  Because a company under contract to the Government
made an error, the applicant should not be penalized.

The complete evaluation is at Exhibit D.

_______________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant  on
19 Jan 01 for her review and response  within  30  days.   To  date,  a
response has not been received.

_______________________________________________________________


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.  In reference to  the
unauthorized airline ticket, the Board concurs with USAF/ILTT, that
the applicant should not be penalized for an error apparently  made
by a Government contractor and that the applicant should be granted
relief  on  this  issue.   The  Board  does  not  agree  with   the
recommendation made by AF/DPRCC to deny the applicant reimbursement
for TLE.  While the Board recognizes  that  the  applicant  is  not
authorized TLE per the Joint  Federal  Travel  Regulation,  Vol  1,
paragraph U5705B, as stated in the AF/DPRCC  advisory,  it  appears
that the applicant was miscounseled. Since this was the applicant’s
very  first  permanent  duty  station,  the  Board   considers   it
reasonable for her to rely,  in  this  instance,  on  the  guidance
provided to her.  We believe to deny  the  applicant  relief  under
these circumstances would constitute an injustice.   Therefore,  in
an effort to afford the applicant full, yet fair relief for the  10
days  of  TLE,  we  resorted  to  a  “creative”  form  of   records
correction.  Pursuant to  our  request,  the  Defense  Finance  and
Accounting Service (DFAS-DE)  computed  the  amount  of  money  the
applicant would receive for fictitious temporary duty  equating  to
the 10 days of TLE.  In view of the above, we  recommend  that  the
record be corrected as 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:

      a.  On  26  May  2000,  competent  authority  authorized  air
transportation from Philadelphia,  PA,  to  San  Antonio,  TX,  and
return, and mileage reimbursement and seven days  of  per  diem  to
drive from Philadelphia, PA, to Malstrom AFB,  MT,  in  conjunction
with her permanent  change  of  station.   Reimbursement  will  not
exceed the amounts authorized.

       b.  The  applicant  was  in  a  temporary  duty  status   at
Kalispell, Montana, for six (6) days beginning on 4 August 2000.

___________________________________________________________________

The following members of the Board considered this  application  in
Executive Session on 7 March 2001, under the provisions of AFI  36-
2603:

      Mr. Richard A. Peterson, Panel Chair
      Mr. Philip Sheuerman, Member
      Mr. E. David Hoard, Member

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

     Exhibit A.  DD Form 149, dated 31 Aug 00; DD Form 149,
                 dated 31 Aug 00.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, AF/DPRCC, dated 9 Nov 00, w/atchs.
     Exhibit D.  Memorandum, HQ USAF/ILTT, dated 2 Jan 01, w/atchs.
     Exhibit E.  Letter, SAF/MIBR, dated 19 Jan 01.




                                   RICHARD A. PETERSON
                                   Panel Chair



AFBCMR 00-02642




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 XXXXXXXXX, XXX-XX-XXXX, be corrected to show
that:

            a.  On 26 May 2000, competent authority authorized  air
transportation from Philadelphia,  PA,  to  San  Antonio,  TX,  and
return, and mileage reimbursement and seven days  of  per  diem  to
drive from Philadelphia, PA, to Malstrom AFB,  MT,  in  conjunction
with her permanent  change  of  station.   Reimbursement  will  not
exceed the amounts authorized.

               b.  The applicant was in a temporary duty status at
Kalispell, Montana, for six (6) days beginning on 4 August 2000.






            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency