RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 00-02766
INDEX CODE:128.01
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His permanent change of station (PCS) orders be amended to show that his
dependents were not authorized to accompany him to XXXXX AFB, XX, and that
he be reimbursed for the decrease in his basic allowance for housing (BAH)
for the 14 months that he was separated from his family.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Appropriate medical treatment for his oldest son was not available at the
military treatment facility (MTF) or in the XXXX, AFB local area.
In support of his submission the applicant submits a personal statement,
letters from his commander, the Exceptional Family Member Program (EFMP)
officer, Director, Family Advocacy Program, his son's pediatric
cardiologist and other documents relative to the issue (Exhibit A).
_________________________________________________________________
STATEMENT OF FACTS:
The applicant contracted his initial enlistment in the Regular Air Force on
12 December 1990. He continued to serve on active duty, entering his most
recent enlistment on 10 November 1998, when he reenlisted for a period of
six years. On 9 December 1998 he received a PCS to XXXX AFB, XXX. After
serving 14 months, he was approved for and received an EFMP/Humanitarian
reassignment to XXXX XXXX, TX. He is currently serving in the grade of
staff sergeant
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:
Compensation and Entitlement Policy, USAF/DPRCC, reviewed the application
and recommends denial. DPRCC states that the applicant had not met the
conditions to receive Family Separation Allowance (FSA) since XXXX AFB, XXX
is not a dependent restricted or unaccompanied tour. BAH was paid to the
applicant at the Altus rate while he was assigned to that location (Exhibit
C).
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the applicant
on for review and response. As of this date, no response has been received
by this office. However, pursuant to the Board's request, in further
support of his appeal, the applicant provided two E-mails, which are at
Exhibit D.
_________________________________________________________________
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. We believe that the applicant's
request for correction of his record in such a manner as to reimburse his
BAH for his PCS move to XXXX AFB, is supported by the evidence of record.
The applicant's son's medical condition, Tetralogy of Fallot S/P repair,
aortic valve insufficiency, qualified him for enrollment in the Exceptional
Family Member Program (EFMP). The recent surgery for repair of the son's
defect, the requirement for frequent follow-up monitoring by a pediatric
cardiologist and the statements provided by the attending cardiologist
would suggest the Air Force did not fully take into account the family's
medical needs in ordering the PCS move to XXXX AFB. At the time of the
PCS, the personnel system reflected the applicant was enrolled in the EFMP.
Although the applicant was reassigned to XXXX AFB, he chose not to
relocate his family because of inadequate health care for his son.
Fourteen months later, the applicant received an EFMP/Humanitarian
reassignment to XXXXX AFB, XXX. In view of the foregoing, and because we
feel the member acted in the best interest of his family's health needs,
this matter should be resolved in his favor. Therefore, we 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 his permanent change of station
(PCS) move to XXXX AFB, XX was directed to be an unaccompanied tour by
competent authority, and he was entitled to full basic allowance for
housing (BAH) for the duration of the tour.
_________________________________________________________________
The following members of the Board considered this application in Executive
Session on 21 February 2001 and 1 March 2001, under the provisions of AFI
36-2603:
Mr. Teddy L. Houston, Panel Chairman
Mr. William H. Anderson, Member
Mr. Richard M. McCormick, Member
All members voted to correct the records, as recommended. The following
documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 Oct 00, w/atchs.
Exhibit B. Letter, USAF/DPRCC, dated 14 Nov 00.
Exhibit C. Letter, SAF/MIBR, dated 1 Dec 00.
Exhibit D. Applicant's E-mails, dated 1 Mar 00.
TEDDY L. HOUSTON
Panel Chair
AFBCMR 00-02766
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 APPLICANT , be corrected to show that his permanent change of
station (PCS) move to XXXXX AFB, XX was directed to be an unaccompanied
tour by competent authority, and he was entitled to full basic allowance
for housing (BAH) for the duration of the tour.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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