RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01867
            INDEX CODE:  112.05
      xxxxxxxxxxxx     COUNSEL:  NONE

      xxxxxxxxxxxxx    HEARING DESIRED:  NO

      Mandatory Case Completion Date:  14 DEC 2006

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to  make  him  eligible  for  reimbursement  for  a
personally procured  move  from  Peterson  AFB,  Colorado  to  Buckley  AFB,
Colorado.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was selected by the Vigilant Eagle 2005  selection  board  to  command  a
squadron and his gaining group commander negotiated  his  early  release  to
fill the vacant position.   He  personally  moved  his  household  goods  to
support a quick permanent change of station (PCS) move, but was  denied  the
moving expense claim because his orders were stamped 18 February 2005.

In support of his request, the applicant submits AF Form  899,  Request  and
Authorization for Permanent change of Station  -  Military,  AFSPC  Vigilant
Eagle 2005  Operations  Squadron  Commander  Selection  List,  a  Personally
Procured Move Memorandum, a copy of  UHAUL  Self  Storage  Rental  Agreement
with receipts, and numerous emails relative to his contentions.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was selected for a squadron commander  position  at  Buckley  AFB,
Colorado in August 2004, with a public release date  of  12  November  2004.
He relocated his family between September  and  October  2004  and  occupied
permanent housing at Buckley AFB, on  27  October  2004.   A  USNORTHCOM/J5D
memorandum dated 22 October 2004 approved the release of the applicant  from
his assignment at Peterson AFB, effective 15 January 2005.  His  PCS  orders
were dated 18 February 2005.

On 24 February 2005, he was denied reimbursement for a  personally  procured
move, which was performed prior to orders being issued.  The  applicant  was
paid travel and transportation allowances for  his  dependents  and  himself
from Buckley AFB, Colorado on 2 March 2005 and  temporary  lodging  expenses
on 30 March 2005.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPDFP recommends denial.  DPDFP states the regulation in effect at  the
time of the applicant’s relocation was the Joint Federal  Travel  Regulation
(JFTR), Volume I, Chapter 5.  The PCS travel order determines the basis  for
reimbursement.  In this case, PCS  entitlements  did  not  exist  until  the
order was issued on  18  February  2005.   The  applicant’s  travel  voucher
states that he moved into a permanent residence on 27  October  2004.   This
date is well before the date PCS orders were  issued  and  approval  of  his
release from Peterson AFB.

According to DPDFP, since travel was performed prior to issuance  of  orders
there is no  travel  and  transportation  entitlement.   The  applicant  was
overpaid allowances of $4,833.41 (travel voucher  dated  2  March  2005  for
$3,419.31 plus travel voucher dated 30 March 2005  for  $1,414.10),  because
he had no authority to travel and was reimbursed these amounts.

DPDFP states there is no record of an error on injustice  that  resulted  in
the member’s early relocation from Peterson AFB, Colorado  to  Buckley  AFB,
Colorado prior to actual orders being issued.

The DPDFP complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states the majority  of  the  payments  he  received  was  for
dislocation allowance and not travel, which was claimed  well  after  orders
were finally printed

He states the release memorandum was signed 22 October 2004,  based  upon  a
Military Personnel Center processing request, well after  his  gaining  wing
commander negotiated his transition.  The advisory  opinion  refers  to  the
emails he previously submitted indicating his command  selection  in  August
2004,  but  it  does  not  reference  the  reason  why  his  wing  commander
negotiated his early transition, which was  due  to  the  departure  of  the
previous commander in July 2004.

The 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.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of an error or injustice.  After carefully reviewing the  evidence
of  record,  the  Board  is  persuaded  the   applicant   is   entitled   to
reimbursement for the cost of a personally procured move from Peterson  AFB,
Colorado to Buckley AFB, Colorado as  requested.   The  Board  believes  the
applicant was given verbal orders and instructed to report  for  duty  prior
to issuance of PCS orders due to the outgoing commander’s departure and  the
critical mission of the organization in which he was  selected  to  command.
The Board also is of the opinion that the applicant acted in good  faith  in
support of the Air Force’s mission and in no  way  benefited  monetarily  in
making this move prior to the issuance of PCS orders.  In view of the  above
and in order to resolve any injustice to the applicant,  we  recommend  that
his records be corrected to the extent indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

      The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that AF Form  899,  Request  and
Authorization for Permanent Change of  Station  -  Military,  Special  Order
Number AB-250, dated 18  February  2005,  was  issued  and  certified  on  1
September 2004.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2005-
01867 in Executive Session on 5 January 2005, under the  provisions  of  AFI
36-2603:

                 Mr. John B. Hennessey, Panel Chair
                 Mr. Joseph D. Yount, Member
                 Mr. Charles E. Bennett, Member

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

     Exhibit A.  DD Form 149, dated 25 May 05, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPRR, dated 23 Sep 05.




     Exhibit D.  Letter, SAF/MRBR, dated 30 Sep 05.
     Exhibit E.  Letter, Applicant, dated 12 Oct 05.





                                   JOHN B. HENNESSEY
                                   Panel Chair



AFBCMR  BC-2005-01867




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 AF Form 899, Request and
Authorization for Permanent Change of Station - Military, Special Order
Number AB-250, dated 18 February 2005, was issued and certified on 1
September 2004.







  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency