RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-03656
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be paid for temporary duty civilian clothing allowance as directed by
his orders.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was briefed and given documentation and orders to reflect civilian
clothing entitlement by the finance office. He was unjustly informed and
thus unjustly not paid. The service was dishonest and unjustly conveyed
false statements, and false expectation on all accounts in this matter.
In support of his request, applicant provided a copy of Special Order TE-
0472, an extract from the DoD Financial Management Regulation, a Deployment
Handout and email.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving on extended active duty in the grade of
colonel
On 8 May 2002, the applicant was placed on temporary duty (Special Order TE-
0472) to participate in Operation Joint Forge for 120 days to Pristina
Kosovo and authorized to wear civilian clothes. His permanent assigned
duty station is Lackland AFB, TX; it was determine that he was not entitled
to a civilian clothing allowance.
_________________________________________________________________
AIR FORCE EVALUATION:
AF/DPPFQ recommended denial due to the constraints of public law. DOD does
not have waiver authority; therefore, we cannot authorize civilian clothing
allowance for the applicant in this instance. Several legislative
proposals have attempted to change this…so far without success. This is no
doubt not the desired response, unfortunately, until public laws change; it
is the only one we have.
Based on 1949, HR 507, 81st Congress, 1st session, Career Compensation Act
of 1949, Sec 681: “When ever an officer goes into Service, he does so
knowing he will be required to subsist himself.” (Contractual for
officers, as opposed to enlisted contracts, which requires the government
to subsist). However, in 1989 Congress changed Title 37, USC Sec 419,
authorizing civilian clothing allowance for officers whose permanent duty
station was outside the U.S. Unfortunately, temporary deployment does not
establish a permanent duty station status for military members.
The orders authorize the applicant to wear civilian clothing after duty
hours; civilian clothing allowance is only payable to individuals directed
to wear civilian clothes over 50% of their duty time. Also, the applicant
was assigned to Lackland AFB TX…DoDFM, para 290403 states, “By law, an
officer is authorized a Civilian Clothing Allowance only if his or her
permanent duty station is outside the United States.” Unfortunately, the
applicant’s deployment to an overseas location does not constitute his
“permanent duty station” being outside the United States. His permanent
duty station remained Lackland AFB TX during his temporary deployment
overseas.
AF/DPPFQ complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 22
November 2002 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. Insufficient relevant evidence has been presented to demonstrate the
existence of an error or injustice warranting relief in this application.
We agree that applicant’s orders stated he was authorized a clothing
allowance; however, as indicated by the Air Force, clothing allowance for
temporary deployment is not authorized. Furthermore, we note that the
requirement to wear civilian clothing was for after duty hours, which does
not meet the requirement of 50% of the duty time set forth in the DOD
regulation. Based on the above finding, we do not recommend authorization
of the civilian clothing allowance during the period in question.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of a material error or injustice; that the application was
denied without a personal appearance; and that the application will only be
reconsidered upon the submission of newly discovered relevant evidence not
considered with this application.
_________________________________________________________________
The following members of the Board considered Docket Number 02-03656 in
Executive Session on 12 March 2003, under the provisions of AFI 36-2603:
Mr. Michael K. Gallogly, Panel Chair
Ms. Brenda L. Romine, Member
Mr. Gregory A. Parker, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 11 Nov 02, w/atchs.
Exhibit B. Letter, AF/DPPFQ, dated 18 Nov 02.
Exhibit C. Letter, SAF/MRBR, dated 22 Nov 02.
MICHAEL K. GALLOGLY
Panel Chair
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