RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2002-03682
INDEX CODE: 128.02
XXXXXXXXXXXXXXX COUNSEL: NONE
XXXXXXXXXXXX HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be reimbursed in the amount of $562.38 for rental car expenses he
incurred in connection with his July 2002 Permanent Change of Station
(PCS).
_________________________________________________________________
APPLICANT CONTENDS THAT:
The Transportation Officer (TO) at his losing station told him that he was
authorized to travel by rental car from his port-of-entry to his new duty
station. He was even quoted a not-to-exceed the amount for this travel
mode. The DoD Financial Management Regulation 7000.14, volume 9, chapter
4, paragraph 0401, states that the Transportation Office is responsible for
issuing guidance on the use and procurement of transportation. He acted
within reason considering the guidance given. He saved the government
money by using a rental car versus him and his family using airfare. It
would be a grievous blow to his family to bear this cost directly
attributable to PCS relocation. The TO who miscounseled him has declined
to provide a statement.
In support of his application, the applicant submits a copy of his PCS
Travel Voucher, a copy of the Defense Finance and Accounting Service (DFAS)
travel voucher summary, his PCS orders, and a copy of his credit card
statement reflecting rental car expenses.
The applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The Military Personnel Database (MilPDS) indicates the applicant has a
Total Active Federal Military Service Date of 17 September 1994. He has
continually served on active duty and has been progressively promoted to
the grade of staff sergeant (E-5), effective and with a date of rank of 20
July 2000.
The applicant received special order SO-AC-0084 dated 15 May 2002 for a PCS
from RAF Molesworth, England to Maxwell AFB, AL, with a report not later
than date of 10 July 2002. He signed out from RAF Molesworth on 28 June
2002 and was accompanied by his spouse and two of his children to his new
duty station. The applicant arrived at Maxwell AFB on 8 July 2002 and
signed into his new unit on 10 July 2002. He filed a PCS travel voucher on
16 July 2002. The travel voucher was processed by DFAS on 12 August 2002
and paid on 19 August 2002.
_________________________________________________________________
AIR FORCE EVALUATION:
USAF/DPPCC recommends denial of reimbursement. According to the Joint
Federal Transportation Regulation, Volume I, reimbursement of rental car
expenses during PCS travel is not allowed. The applicant has failed to
provide compelling documentation to support that the TO miscounseled him.
The DPPCC evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 24 January 2003, copies of the Air Force evaluation were forwarded to
the applicant for review and comment. As of this date, this office has
received no response (Exhibit D).
_________________________________________________________________
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 probable injustice. Given the circumstances of this case, it
appears that the applicant was properly compensated for his travel
expenses. Nonetheless, in light of the Air Force advisory opinions that
opined differing assessments of his entitlements and the conflicting
information that was provided to the applicant, the Board believes that an
injustice may exist; and accordingly, it would be in the best interest of
the Air Force and the applicant to favorably consider his request.
Therefore, it is the Board’s opinion that in order to provide him fair and
equitable relief, his records should be corrected as indicated below.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The pertinent military records of the Department of the Air Force relating
to APPLICANT be corrected to show that he was in a temporary duty status
and was paid total per diem in the amount of $562.38.
_________________________________________________________________
The following members of the Board considered this application in Executive
Session on 16 April 2003, under the provisions of AFI 36-2603:
Mr. Roscoe Hinton Jr., Panel Chair
Ms. Brenda L. Romine, Member
Mr. Steven A. Shaw, Member
The following documentary evidence for AFBCMR Docket Number BC-2002-03682
was considered:
Exhibit A. DD Form 149, dated 12 Nov 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AF/DPPCC, dated 11 Dec 02.
Exhibit D. Letter, SAF/MRBR, dated 3 Jan 03.
ROSCOE HINTON JR.
Panel Chair
AFBCMR BC-2002-03682
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 he was in a temporary duty
status and was paid total per diem in the amount of $562.38.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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