RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  01-00045
            INDEX CODE:  128.01
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He receive Family Separation Allowance (FSA)  from  September  1998  through
September 2000.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He married his spouse while enroute from Osan  AB,  Korea  to  Andersen  AB,
Guam in September 1998.   He  had  received  an  approved  command-sponsored
accompanied tour.  However, his spouse and children were unable to join  him
in Guam because  the  Immigration  and  Naturalization  Service  denied  his
Immigrant VISA request.

In support of his request applicant provided a copy of his dependent  travel
orders and the U.S. Embassy,  Manila,  Philippines,  Immigrant  VISA  denial
paperwork.  His complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air  Force  on  7
Aug 91.  He is currently serving on  active  duty  in  the  grade  of  staff
sergeant having assumed that grade effective and with a date of  rank  of  1
Jun 96.

_________________________________________________________________

AIR FORCE EVALUATION:

The  Chief,  Compensation  and  Entitlement   Policy,   AF/DPRCC,   reviewed
applicant's request and recommends partial relief.  DPRCC  states  that  FSA
is only authorized for members serving  in  dependent-restricted  areas.   A
member who elects to serve an unaccompanied tour in lieu of  an  accompanied
tour where dependents are permitted is not entitled to FSA unless waived  by
the Service Secretary.   The  waiver  authority  is  limited  to  situations
defined as 1) when certified medical reasons  involving  family  members  or
terrorist activity would make it inappropriate for dependents  to  accompany
the member; or 2) when ships in overhaul make  temporary  homeport  changes.
No entitlement to FSA accrues if a dependent  is  authorized  transportation
at government expense but is not eligible under immigration laws  for  entry
into the United  States  before  a  member  reports  to  the  new  permanent
station.  His dependents’ travel was  prohibited  by  immigration  laws  and
therefore, he has not met the conditions to receive FSA.

DPRCC does recommend approval of applicant's  request  during  part  of  the
unaccompanied  portion  of  his   tour.    Applicant   provided   additional
information, which indicated that he  applied  for  command  sponsorship  in
March, 1999.  His application was approved with  the  exception  of  medical
clearance for his spouse who was pregnant at the time.  From 1  March  1999,
when he could not attain medical clearance for  his  dependents,  through  1
September 1999, the date of issuance of  his  dependent  travel  order,  his
dependents were not approved for travel to Guam  due  to  certified  medical
reasons.  DPRCC recommends that his records be changed to  reflect  that  he
received a Secretarial waiver to receive  FSA-II  during  this  period  (see
Exhibit B).
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 23  Mar
01 for review and response 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.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of probable error or injustice.  Because  his  dependents’  travel
was prohibited by immigration law and not by Air Force  policy,  we  believe
it would  not  be  appropriate  to  grant  the  applicant  the  full  relief
requested.  However, it is our opinion that his records should be  corrected
to show that he was authorized to receive FSA for the period  of  time  that
his spouse was pregnant and  was  unable  to  obtain  the  required  medical
clearance.  We agree with the opinion and recommendation of  the  Air  Force
office of primary responsibility and recommend his 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:
      a.  On 20 February 1999, the Secretary of the  Air  Force  approved  a
waiver in accordance  with  the  provisions  of  paragraph  270301E  of  the
Department of Defense  Financial  Management  Regulation  (DODFMR),  thereby
establishing his entitlement to Family Separation Allowance (FSA), Type  II,
during a portion of his tour at Andersen AFB, Guam, covering  the  period  1
March 1999 through 31 August 1999.

      b.  He is authorized payment of FSA, Type II, effective       1  March
1999 through 31 August 1999, for the period of his  tour  at  Andersen  AFB,
Guam, when FSA Type II was not previously authorized.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 9 May 01, under the provisions of AFI 36-2603:

      Mr. Thomas S. Markiewicz, Panel Chair
      Mr. Thomas J. Topolski, Member
      Ms. Mary C. Johnson, Member

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

     Exhibit A.  DD Form 149, dated 20 Dec 00, w/atchs.
     Exhibit B.  Letter, AF/DPRCC, dated 6 Mar 01, w/atchs.
     Exhibit C.  Letter, SAF/MIBR, dated 23 Mar 01.




                                  THOMAS S. MARKIEWICZ
                                  Panel Chair

AFBCMR 01-00045




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:

      a.  On 20 February 1999, the Secretary of the Air Force approved a
waiver in accordance with the provisions of paragraph 270301E of the
Department of Defense Financial Management Regulation (DODFMR), thereby
establishing his entitlement to Family Separation Allowance (FSA), Type
II, during a portion of his tour at Andersen AFB, Guam, covering the
period 1 March 1999 through 31 August 1999.

      b.  He is authorized payment of FSA, Type II, effective 1 March
1999 through 31 August 1999, for the period of his tour at Andersen AFB,
Guam, when FSA Type II was not previously authorized.








  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency