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AF | BCMR | CY2004 | BC-2003-03503
Original file (BC-2003-03503.DOC) Auto-classification: Denied

                            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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