RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-03503
INDEX CODE: 128.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS:
Receipt of overseas Cost of Living Allowance (COLA), at the with-
dependent rate, for Elmendorf AFB, AK, for the period 10 November 2003
to 31 October 2004.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was involuntarily reassigned to F E Warren AFB, WY, 11 months prior
to his original Date Eligible for Return from Overseas (DEROS), with a
Report Not Later Than Date (RNLTD) of 30 November 2003. Therefore,
his 2 September 2003 request for continuation of station allowances
should have been approved because his original DEROS was curtailed
from October 2004 to November 2003 due to a manning overage. Although
the rationale for his extension is for personal reasons, he believes
his situation is unique and worthy of an exception to policy.
In support of his request, the applicant submits a personal statement
and additional documents associated with the issues cited in his
contentions. The applicant’s complete submission, with attachments,
is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Information extracted from the Military Personnel Data System (MilPDS)
reveals the applicant’s Total Active Federal Military Service Date
(TAFMSD) as 19 November 1981. He has been progressively promoted to
the grade of chief master sergeant (E-9), with an effective date and
date of rank of 1 May 2003. Applicant’s Date Arrived Station (DAS) is
reflected as 18 November 2003.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPAPP1 recommends the application be denied. DPAPP1 states
that the applicant’s request for continuation of overseas COLA was
disapproved because it was for personal reasons and for an extended
period of time. The applicant was notified of his new assignment in
mid-April 2003 and his spouse signed her formal employment commitment
in May 2003, with the knowledge of the applicant’s overseas return
date of November 2003. Thus, the applicant’s request was based on
personal desires. The HQ AFPC/DPAPP1 evaluation, with attachment, is
at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on 21
November 2003 for review and response. As of this date, no response
has been received by this office (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. Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice. We took notice of the
applicant's complete submission in judging the merits of the case. We
note that the applicant’s spouse made the formal commitment to
continue her employment after having knowledge that the applicant’s
overseas assignment was being curtailed. This decision, in our
opinion, was made for personal reasons and, therefore, does not meet
the rules of the Joint Federal Travel Regulation (JFTR). In view of
the above and absent persuasive evidence to the contrary, we find no
compelling basis to recommend granting the relief sought in this
application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of 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 this application in
Executive Session on 14 January 2004, under the provisions of AFI 36-
2603:
Mr. Roscoe Hinton Jr., Panel Chair
Ms. Ann-Cecile McDermott, Member
Mr. Charlie E. Williams Jr., Member
The following documentary evidence was considered in connection with
AFBCMR Docket Number BC-2003-03503.
Exhibit A. DD Form 149, dated 14 Oct 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPAPP1, dated 18 Nov 03, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 21 Nov 03.
ROSCOE HINTON JR.
Panel Chair
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