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AF | BCMR | CY2002 | BC-2002-02566
Original file (BC-2002-02566.DOC) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-02566
            INDEX CODE:  128.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO



_________________________________________________________________

APPLICANT REQUESTS THAT:

He be reimbursed for single-rate Basic  Allowance  for  Housing  (BAH)
from Jun 00 to Jun 01.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was miscounseled by his  losing  military  personnel  flight  (MPF)
(Tyndall AFB) that he would not be  allowed  to  place  his  household
goods in non-temp storage at government expense since he had a follow-
on assignment back to Tyndall AFB.  His PCS orders, dated 28  Apr  00,
were amended on 3 Oct 01 allowing for  non-temp  storage  of  HHGs  at
government expense.  However, he feels this correction affords him  no
financial remedy to the financial expense he incurred.

In support of his request, the applicant submits a personal statement,
copies of his  PCS  and  amended  orders.   The  applicant’s  complete
submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from  the  Personnel  Data  System  reveals  the
applicant’s Total Active Federal Military Service Date (TAFMSD) as  14
Mar 77.  He is currently serving on active duty in the grade of  chief
master sergeant (E-9), with an effective date and date of  rank  of  1
Mar 99.

The remaining 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 at Exhibit B.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ USAF/DPPCC recommends the  application  be  denied.   DPPCC  states
that, according to the DoD FMR, Volume 7A,  Chapter  26,  Table  26-3,
Rule 1:  “If a member is  assigned  to  a  permanent  station  and  is
assigned or occupies government quarters suitable and adequate for the
member’s grade, member does not accrue (receive) BAH.”   DPPCC  states
that the applicant was assigned to adequate government housing  during
his stay in Korea and is not  entitled  to  single-rate  BAH  for  the
requested period.  There is no authority either in policy  or  law  to
use BAH to compensate the  applicant  for  choosing  to  maintain  his
residence to store his household goods during his tour to Korea.   The
HQ AFPC/DPPCC evaluation is at Exhibit B.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  13
September 2002 for review and response.  As of this date, no  response
has been received by this office (Exhibit C).
_________________________________________________________________

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.   We  have  thoroughly  reviewed  the
applicant’s submission and the evidence of record.  In  this  respect,
we are of the opinion that the applicant was not properly counseled by
his Military Personnel Flight (MPF) concerning his entitlements for  a
Permanent Change of Station (PCS) assignment and that  he  should  not
suffer the detrimental effects of that miscounseling.  We noted  that,
while stationed at his PCS assignment,  the  applicant  made  numerous
attempts to remedy the situation, but was unsuccessful.   In  view  of
the foregoing, we recommend that any doubt concerning the propriety of
the actions taken in this case be resolved in  the  applicant’s  favor
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,  on  28  April  2000,
competent authority temporarily  designated  Kunsan  Air  Base,  South
Korea, as Unaccompanied Housing and determined the quarters  were  not
suitable for his grade; and, he was  entitled  to  single  rate  Basic
Allowance for Housing (BAH), during the period June 2000 to June 2001,
according to the Department of Defense Financial Management Regulation
(DoDFMR), Volume 7A, Chapter 26.
_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 31 October 2002, under the provisions of AFI  36-
2603:

                  Ms. Charlene M. Bradley, Panel Chair
                  Mr. Frederick R. Beaman III, Member
              Mr. John E.B. Smith, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary  evidence  was  considered  in  connection  with
AFBCMR Docket Number 02-02566.

   Exhibit A.  DD Form 149, dated 25 Apr 02, w/atchs.
   Exhibit B.  Letter, HQ USAF/DPPCC, dated 3 Sep 02.
   Exhibit C.  Letter, SAF/MRBR, dated 13 Sep 02.




                                   CHARLENE M. BRADLEY
                                   Panel Chair



AFBCMR 02-02566




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, on 28 April
2000, competent authority temporarily designated Kunsan Air Base,
South Korea, as Unaccompanied Housing and determined the quarters were
not suitable for his grade; and, he was entitled to single rate Basic
Allowance for Housing (BAH), during the period June 2000 to June 2001,
according to the Department of Defense Financial Management Regulation
(DoDFMR), Volume 7A, Chapter 26.




            JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency

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