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AF | BCMR | CY2002 | 0202141
Original file (0202141.DOC) Auto-classification: Approved


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-02141
            INDEX CODE:  128.14
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be authorized Temporary Lodging Expense (TLE) for 5 days  at  $34.00  per
day.

_________________________________________________________________

APPLICANT CONTENDS THAT:

When he departed Robins AFB, personnel at the Accounting and Finance  office
incorrectly told him that he would be reimbursed for up to 10  days  lodging
in the Temporary Lodging Facility.  Based on this information, he stayed  in
the TLF for 10 days.  After arrival at Keflavik AS,  Iceland,  he  was  only
reimbursed for 5 days due to regulatory restrictions.

_________________________________________________________________

STATEMENT OF FACTS:

Data extracted from the personnel data system reflects  that  the  applicant
departed his last duty station (Robins AFB, GA) on 29 May 02 and arrived  at
Keflavik AS, Iceland on 5 Jun 02.

_________________________________________________________________

AIR FORCE EVALUATION:

USAF/DPRCC reviewed applicant's request and states that,  unfortunately,  in
accordance with  Title  37,  United  States  Code,  Section  404a,  military
members are entitled to a maximum of 5 days TLE when PCSing to  an  overseas
location.  To help defray excess housing costs  he  received  a  Dislocation
Allowance of $2,016 and he also  continued  to  receive  his  monthly  Basic
Allowance  for  Housing  (BAH)  payment.   Since  there  is  no  waiver  for
congressional authority, he cannot be  reimbursed  for  an  additional  five
days.  The DPRCC evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 19  Jul
02 for review and comment 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 an injustice.  After careful consideration of all the facts  of
this case, the Board majority believes that based on the  evidence  provided
it is apparent  that  the  applicant  was  miscounseled  regarding  his  TLE
entitlement.  The Board majority believes that  with  proper  counseling  he
would not have stayed in TLE for 10 days.  Accordingly, the  Board  majority
believes that an injustice exists in this matter and  it  would  be  in  the
best interests of the Air Force and  the  applicant  to  favorably  consider
this application.  Since the applicable law only allows for 5 days  of  TLE,
and to  provide  the  applicant  with  the  appropriate  relief,  the  Board
majority recommends 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 during the period 26 May 2002  to  27
May 2002 he was in temporary duty status at Tallahassee, FL.

_________________________________________________________________

The following members of the Board  considered  Docket  Number  02-02141  in
Executive Session on 3 Sep 02, under the provisions of AFI 36-2603:

      Mr. John L. Robuck, Panel Chair
      Mr. Billy C. Baxter, Member
      Ms. Kathleen F. Graham, Member

The Board majority voted  to  correct  the  records,  as  recommended.   Mr.
Baxter voted to deny the applicant's request, but elected not  to  submit  a
minority report.  The following documentary evidence was considered:



     Exhibit A.  DD Form 149, dated 25 Jun 02, w/atchs.
     Exhibit B.  Letter, USAF/DPRCC, dated 12 Jul 02.
     Exhibit C.  Letter, SAF/MRBR, dated 19 Jul 02.




                             JOHN L. ROBUCK
                                             Panel Chair

AFBCMR 02-02141




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 during the period 26 May
2002 to 27 May 2002 he was in temporary duty status at Tallahassee, FL.









  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency

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