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AF | BCMR | CY2001 | 0100131
Original file (0100131.doc) Auto-classification: Approved



                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  01-00131
            INDEX CODE:  128.09

            COUNSEL:  None

            HEARING DESIRED:  No


_________________________________________________________________

APPLICANT REQUESTS THAT:

She be reimbursed $558 for the  cost  of  self-procuring  commercial
airline tickets from Tinker AFB, Oklahoma, to her new  duty  station
at Maxwell AFB, Alabama.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The reasons the applicant believes the records to  be  in  error  or
unjust and the evidence submitted in support of  the  appeal  is  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

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:

HQ USAF/ILTT reviewed the application and states that Joint  Federal
Travel Regulation (JFTR), Chapter 5, paragraph  U5012,  subparagraph
B, states "Sometimes orders direct a particular mode for the  member
but not  the  dependent.”   Applicant’s  orders  identify  dependent
children and do not specify or direct a  specific  mode  of  travel.
Her dependents meet  the  requirements  established  by  Chapter  7,
Section  406(a)(1),  Title  37,  United  States  Code  (USC),  which
entitles them to “transportation in kind, reimbursement therefor, or
a monetary allowance in place of the cost of transportation, plus  a
per diem.”  Based on applicant’s orders, dependents were entitled to
travel from Oklahoma City to the new duty station.  Had they done so
and using Fiscal Year 2000 (FY00)  General  Services  Administration
(GSA) city pair fares, cost to the government by air would have been
$279 each dependent or $558.   JFTR,  Chapter  5,  paragraph  U5105,
subparagraph C, provides  for  member  reimbursement  of  personally
procured common carrier  transportation.   Her  dependents  traveled
with personally procured, non-CTO, airline tickets to the  new  duty
station.  ILTT recommends correction of Special Order A-0853,  block
24  to  read:   “Dependent   son   and   daughter   are   authorized
transportation  allowances  not  to  exceed  $558  for  travel  from
Oklahoma to Alabama and reimburse applicant $401.”

A complete copy of the Air Force evaluation,  with  attachments,  is
attached at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 23 Mar 2001, a complete copy of  the  Air  Force  evaluation  was
forwarded to applicant 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.  From the  information
provided, it appears that the applicant was miscounseled  concerning
PCS travel entitlements.  In view of the fact that the applicant was
new to the Air Force and had no prior PCS experience, she relied  on
the miscounseling to her detriment.  Therefore, we believe  approval
of the requested relief would be appropriate.  We have noted the Air
Force recommendation that the applicant’s total reimbursement  be  a
lesser amount than she actually spent based on the  requirements  of
the  approved  General  Services   Administration   (GSA)   program.
However,  we  believe  that  the  applicant  is  entitled  to   full
reimbursement for the monies she spent based on the circumstances of
this case, i.e., she was  provided  erroneous  advice  by  what  she
perceived to be proper and reliable  Air  Force  source(s)  and  was
disadvantaged as a  result.   Accordingly,  her  records  should  be
corrected in the following manner.

_________________________________________________________________


THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of  the  Air  Force
relating to APPLICANT, be  corrected  to  show  that  on  1 Dec  99,
competent  authority  authorized  the  applicant   to   self-procure
commercial airline tickets for her two dependents from  Tinker  AFB,
OK, to Maxwell AFB, AL, and she is entitled to reimbursement for her
personally-procured transportation.

_________________________________________________________________

The following members of the Board considered  this  application  in
Executive Session on 31 October 2001, under the provisions of AFI 36-
2603:

                  Ms. Charlene M. Bradley, Panel Chair
                  Mr. Albert F. Lowas, Jr., 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 4 Oct 01, w/atchs.
     Exhibit B.  Letter, HQ USAF/ILTT, dated 7 Mar 01.
     Exhibit C.  Letter, AFBCMR, dated 23 Mar 01.




                                   CHARLENE M. BRADLEY
                                   Panel Chair


AFBCMR 01-00131




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, be corrected to show  that  on  1 December  1999,
competent  authority  authorized  the  applicant   to   self-procure
commercial airline tickets for her two dependents from  Tinker  AFB,
Oklahoma,  to  Maxwell  AFB,  Alabama,  and  she  is   entitled   to
reimbursement for her personally-procured transportation.







                                                           JOE    G.
LINEBERGER
                                                         Director
                                                          Air  Force
Review Boards Agency

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