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AF | BCMR | CY2003 | BC-2002-03656
Original file (BC-2002-03656.DOC) Auto-classification: Denied

                            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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