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AF | BCMR | CY2002 | 0201379
Original file (0201379.doc) Auto-classification: Approved


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-01379
            INDEX CODES:  121.03, 128.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect reimbursement of per diem  in  the
amount of $358.05 and restoration of five (5) days of leave.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He and his wife were given wrong information when he had  his  Traffic
Management Office (TMO) briefing at Malmstrom  AFB.   They  were  told
that their animals only had to be current on their rabies shot.   That
was all the information that they received from TMO.  They later  were
informed from someone that was stationed at Lajes Field, Azores,  that
they also needed a United  States  Department  of  Agriculture  (USDA)
health certificate within 30 days of arriving there.  They were  never
told that the shot had to be given a certain number of days  prior  to
going.  Because of this, they incurred out  of  pocket  expenses  that
were out of their control and no fault of their own.

In support of his appeal, the applicant provided copies of  his  hotel
receipt and permanent change of station (PCS) orders.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Personnel Data System  (PDS)  indicates
that the applicant is currently serving on active duty in the grade of
staff sergeant, having been promoted to that grade on 1 Mar  01.   His
Total Active Federal Military Service Date (TAFMSD) is 26 Apr 95.

The remaining  relevant  facts  pertaining  to  this  application  are
contained in the letters prepared by the appropriate  offices  of  the
Air Force.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSFM recommended denial.  They indicated that they contacted the
TMO at Malmstrom AFB to find what information that  office  briefs  to
members going PCS with pets.  They were advised that  the  clerks  are
required to provide members a copy of  the  Army’s  Personal  Property
Consignment  Instruction  (PPCI).   The  document  contains  the  most
current information for authorized shipment  of  household  goods  and
pets to a specific country.  They gave the applicant a copy of chapter
nine,  which  outlines  the  specific  rules  for  Lajes  Field.   The
information states that pets  are  permitted  entry  into  the  Azores
provided they receive a certificate of rabies vaccination at least  30
days and not more that 12 months before departure.  It further  states
pets  must  also  receive  a  certificate  of  health  issued   by   a
veterinarian certifying the pet is free of contagious diseases no more
than 14 days before departure.

According to AFPC/DPSFM, the applicant was  provided  a  copy  of  the
PPCI, which clearly outlined the requirements for taking pets  to  the
Azores.  However, he did not comply with all  the  guidance  provided.
As such, the applicant is culpable for not having  all  the  documents
needed to move his pets to the Azores.  They indicated that they  also
checked the applicant’s leave account and it does not reflect  he  was
charged leave from 11 - 16 Feb 02.  It  did  reflect  he  was  charged
leave from 9 - 13 Feb 02.  However, the receipt the applicant provided
for the lodging indicates he was at the hotel  from  11 - 16  Feb  02.
They contacted the applicant to explain  these  differences  with  the
dates, but they have received no response.

A complete copy of the AFPC/DPSFM evaluation, with attachments, is  at
Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 7 Jun
02 for review and response.  As of this date,  no  response  has  been
received by this office (Exhibit C).

_________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

AF/DPRCC reviewed  this  application  and  noted  that  the  applicant
performed PCS move  from  Malmstrom  AFB,  Montana,  to  Lajes  Field,
Portugal, between 11 - 17 Feb 02.  He departed his last permanent duty
station and assumed he had the proper documentation for  his  pets  to
enter Portugal.  After arriving in Baltimore for  his  scheduled  port
call, he discovered his pets would be denied entry. As his application
details, after he made a significant number of inquiries and  traveled
to Washington D.C., he was able to gain clearance for  his  pets.   In
the end, the applicant was charged leave for this delay of  five  days
and paid for lodging and meal expenses out-of-pocket.

According to AF/DPRCC, the  regulation  in  effect  at  the  time  the
applicant performed travel was the Joint  Federal  Travel  Regulations
(JFTR), Volume 1, Chapter Five.  The applicant acted in good faith  to
plan his PCS travel and was not aware of the specific requirements  to
move pets from the United States to  Portugal.   AF/DPRCC  recommended
that his record  be  corrected  to  reflect  an  authorized  delay  in
Baltimore, Maryland, for himself and his wife from 11-15 Feb 02.   The
authorized delay is for “awaiting transportation.”

A complete copy of the AF/DPRCC evaluation, with  attachments,  is  at
Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  10
Jul 02 for review and response.  As of this date, no response has been
received by this office (Exhibit E).

_________________________________________________________________


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 error  or  injustice.   Having  carefully  reviewed  this
application, we are sufficiently persuaded that corrective  action  is
warranted in this case.  Thus, we agree with AF/DPRCC’s recommendation
that the  applicant’s  records  should  be  corrected  to  reflect  an
authorized delay in Baltimore, Maryland, for him and his  spouse  from
11 Feb 02 to 15 Feb 02.  We took note of the applicant’s request  that
he also be reimbursed for cost incurred  for  his  stay  in  Baltimore
through 16 Feb 02.  However, the evidence of record indicates that  he
was only charged lodging expenses through 15 Feb 02 and checked out on
16 Feb 02.  We further  recommend  that  the  applicant’s  records  be
corrected to reflect restoration of five days of leave  to  his  leave
account.  Accordingly, we recommend that the  applicant’s  records  be
corrected as set forth below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that  competent  authority
authorized him and his  spouse  a  delay  awaiting  transportation  in
Baltimore, Maryland, from 11 Feb 02 to 15 Feb 02, in  accordance  with
the Joint Federal Travel Regulation (JFTR), Volume  1,  Chapter  Five;
and, that five (5) days of leave  were  added  to  his  leave  account
commencing 2 Oct 02.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number 02-
01379 in Executive Session on 28 Aug 02, under the provisions  of  AFI
36-2603:

      Mr. Roscoe Hinton, Jr., Panel Chair
      Mr. Frederick R. Beaman, Member
      Ms. Cheryl Dare, Member

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

     Exhibit A.  DD Form 149, dated 2 Apr 02.
     Exhibit B.  Letter, AFPC/DPSFM, dated 29 May 02.
     Exhibit C.  Letter, SAF/MRBR, dated 7 Jun 02.
     Exhibit D.  Letter, AF/DPRCC, dated 28 Jun 02, w/atchs.
     Exhibit E.  Letter, AFBCMR, dated 10 Jul 02.





                                   ROSCOE HINTON, Jr.
                                   Panel Chair



AFBCMR 02-01379




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 competent authority
authorized him and his spouse a delay awaiting transportation in
Baltimore, Maryland, from 11 Feb 02 to 15 Feb 02, in accordance with
the Joint Federal Travel Regulation (JFTR), Volume 1, Chapter Five;
and, that five (5) days of leave were added to his leave account
commencing 2 Oct 02.






    JOE G. LINEBERGER

    Director

    Air Force Review Boards Agency



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