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AF | BCMR | CY2003 | BC-2002-03682
Original file (BC-2002-03682.doc) Auto-classification: Approved

                            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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