RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02699
            INDEX NUMBER:  128.00
      XXXXXXX    COUNSEL:  None

      XXXXXXX    HEARING DESIRED:  No


MANDATORY CASE COMPLETION DATE:  26 Feb 07


_________________________________________________________________

APPLICANT REQUESTS THAT:

The date he entered active duty (EAD) be changed from 28 Jul 04 to  14
Jul 04.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His original report not later than date (RNLTD) was 17 Jul 04  with  a
proceed date of 14 Jul 04.  However, he received  his  orders  on  the
proceed date after the close of business, which led him to request  an
adjustment  and  getting  an  approved  RNLTD  of    30  Jul  04.   He
accomplished a do it yourself (DITY) move and house hunting from 15-29
Jul 04.  During his in-processing, he was  advised  he  would  not  be
reimbursed for his DITY move due to his failure to get weight  tickets
certifying the weight of the items he had  moved.   During  his  first
month on station, he also received notice his  pay  was  being  docked
$1296.91 and he was being charged 12 days of leave.  Subsequently, his
leave was restored and his EAD was adjusted to 27 Jul 04.

If his request is approved he will pursue the following:

        a.  Reinstatement of  the $1296.91 in docked pay.

        b.  Partial reimbursement of his DITY move.

        c.  Adjustment of the 12 days of  lost  leave  to  8  days  of
permissive TDY and 4 days of lost leave.

In support of his appeal, the applicant provides  a  letter  from  his
Base Inspector General (IG) certifying the  applicant’s  statement  of
events, a copy of his leave and  earning  statement  (LES),  paperwork
related to the applicant’s previous efforts to get reimbursed.

The applicant’s complete submission, with attachments, is  at  Exhibit
A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is presently serving on active  duty  in  the  grade  of
second lieutenant.  His Total Active Federal Military Service (TAFMSD)
and Total Active Federal Commission Service Date is    28 Jul 04.  The
applicant was ordered to active duty via Special Order  A-2314,  dated
15 Jun 04, with an effective date of duty of 14 Jul 04 and a RNLTD  of
17 Jul 04.  The orders were amended on  13  Jul  04  and  changed  the
applicant’s effective date of duty to 28 Jul 04 with a RNTLD of 30 Jul
04.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAO recommends denial of the applicant’s request based  on  the
fact he requested change of his EAD and RNLTD to allow  more  time  to
report.  They indicate it is safe to assume the applicant was provided
with proper reporting instructions prior to reporting to his permanent
duty station.  However, they note that if  the  applicant  is  granted
relief as  requested,  in  addition  to  a  change  in  the  EAD,  the
applicant’s date of rank (DOR), grade current  effective  date,  Total
Active Federal  Military  Service  Date  (TAFMSD),  and  Total  Active
Federal Commissioned Service Date  (TAFCSD)  would  also  have  to  be
changed.

AFPC/DPPAO notes that the applicant moved his household  goods  (HHGs)
prior to the effective date of orders.  He  was  provided  a  briefing
that stated he should contact  his  traffic  management  office  (TMO)
before moving any HHGs.   The  applicant  decided  to  move  his  HHGs
without the benefit of counsel from his local TMO and did  not  comply
with the Joint Federal Travel Regulation (JFTR).

AFPC/DPPAO states the following facts should be considered:

        a.  The applicant’s HHG transportation  entitlement  was  from
Boston, MA to XXXXXXX, TN.

        b.  The effective date of the applicant’s special orders is 27
Jul 04.

        c.  The applicant was authorized 1,111 miles per  the  Defense
Table of Official Distances with authorized  travel  time  of  4  days
(based on 300 miles per day).

        d.  The trip from Boston, MA to  Georgia  was  not  authorized
based  on  Paragraph  U5318  of  the  JFTR,  which  states  that   HHG
transportation shall not be made for a member’s  convenience  to  some
other place for re-transportation later.

        e.  The movement of HHGs from Georgia to XXXXXXX, TN  was  not
authorized due to the fact it was accomplished prior to the  effective
date of the applicant’s special orders.  Paragraph U5330B states,  the
entitlement to HHG transportation accrues and  becomes  fixed  on  the
effective date of orders.  They further  note  that  Paragraph  U2140A
states, when determining  the  travel  and  transportation  allowances
under permanent change of  station  (PCS)  orders  that  are  amended,
modified, canceled, or revoked before their effective date, the orders
are considered effective as follows:

        a.  When received by the member for travel  performed  by  the
member or dependents.

        b.  For any transportation of HHGs, mobile homes, or privately
owned vehicles (POVs) begun or completed, even  though  leave,  delay,
proceed time, or TDY enroute is involved.

The complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his response, applicant provides additional information,  which  he
states  contradicts  some  of  the  information  in  the   Air   Force
evaluation.

Regarding the statement that he moved his  HHGs  from  Boston,  MA  to
XXXXXXXXXXX, GA before receiving orders and into an  apartment  before
signing into the base, applicant states that in the absence of orders,
he moved to avoid the high cost of rent in Boston.  He did not believe
this was an unusual effort as many others  he  was  commissioned  with
acted similarly.  He states  there  was  no  attempt  to  defraud  the
government.   Applicant  also  states  in  reference  to  moving   his
household  goods  from  Georgia  to  Tennessee,  in   “ignorance   and
enthusiasm for reporting for duty,” he completed his move to allow him
to report for duty and begin work on the adjusted  RNLTD  of  30  Jul.
Again, he indicates he did not consider this unusual and there was  no
attempt to defraud the government.

The applicant indicates that contrary to the Air Force evaluation,  he
made two phone calls to the TMO at a Base in  Massachusetts,  but  was
advised to contact the TMO at  his  gaining  base.   He  attempted  to
contact the TMO at his gaining base in  Apr,  May,  and  Jun,  leaving
several messages with various personnel.   However,  his  phone  calls
were not returned.  Applicant indicates that  his  phone  records  are
available.

Applicant’s complete response is at Exhibit E.

_________________________________________________________________

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 warranting the relief the applicant
has requested.  While it  appears  the  applicant’s  actions  were  the
result of honest mistakes, we do not believe it would be appropriate to
change the date he entered active duty  to  the  earlier  date  he  has
requested.  We note that to do so would require, as pointed out by  the
Air Force OPR, the adjustment of several other personnel related  dates
such as the TAFMSD, TAFCSD, DOR, etc.   The  applicant  has  failed  to
provide sufficient  evidence  that  provides  a  reasonable  basis  for
beginning his official move prior to the date authorized by his orders.
 It would appear the applicant understood the importance of orders  and
the dates of movement authorized within since he indicates he requested
they be amended  when  he  received  them  late.   Notwithstanding  our
determination on changing  the  applicant’s  EAD,  we  do  believe  the
circumstances of the applicant’s case warrant a measure of relief.   In
that  regard,  we  believe  the  applicant  should  be   receive   some
reimbursement for the movement of his household goods.

_______________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of  the  Department  of  the  Air  Force
relating to APPLICANT be corrected to show that:

        a.  He accomplished the movement of his personal property  from
his home of record to XXXXXXXX, TN on or after the  effective  date  of
his permanent change of station (PCS) orders as amended, Special  Order
A-2786, dated 13 Jul 04.

        b.  He received prior authorization  to  perform  a  personally
procured move (PPM); he received proper PPM counseling; he completed  a
DD Form 2278, “DITY Counseling Checklist,” prior to the movement of his
personal property in conjunction with his  move  to  XXXXXXXX,  TN;  he
obtained the required weight tickets substantiating movement  of  6,587
pounds; and, his incentive is based on the  rates  in  effect  in  July
2004.

_______________________________________________________________

The following members of the Board considered  Docket  Number  BC-2005-
02699 in Executive Session on 2 November 2005, under the provisions  of
AFI 36-2603:

      Mr. John B. Hennessey, Panel Chair
      Mr. Joseph Yount, Member
      Ms. Jean A. Reynolds, Member

All  members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 28 Jul 05, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, AFPC/DPPAO, dated 26 Sep 05.
     Exhibit D.  Letter, SAF/MRBR, dated 7 Oct 05.
     Exhibit E.  Memorandum, Applicant, dated 17 Oct 05.




                                   JOHN B. HENNESSEY
                                   Panel Chair


AFBCMR BC-2005-02699


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 XXXXXXX, XXXXXXX, be corrected to show that:

            a.  He accomplished the movement of his  personal  property
from his home of record to XXXXXXXXX, TN on or after the effective date
of his permanent change of station (PCS)  orders  as  amended,  Special
Order A-2786, dated 13 Jul 04.

            b.  He received prior authorization to perform a personally
procured move (PPM); he received proper PPM counseling; he completed  a
DD Form 2278, “DITY Counseling Checklist,” prior to the movement of his
personal property in conjunction with his  move  to  XXXXXXXX,  TN;  he
obtained the required weight tickets substantiating movement  of  6,587
pounds; and, his incentive is based on the  rates  in  effect  in  July
2004.




            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency