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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