RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-03202
INDEX CODE: 128.01
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: Apr 20, 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be paid Family Separation Allowance, Type II for his tour of duty at
Spangdahlem AFB, Germany.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His dependent was not added to his permanent change of station (PCS) orders
prior to his move from Lackland AFB, Texas to Spangdahlem AB, Germany.
Consequently, Family Separation Allowance (FSA) was not paid during the
duration of his tour. He further states that upon questioning the mistake,
he was instructed by the losing military personnel flight (MPF) to have his
orders amended upon arrival at his next duty station. The gaining MPF
refused to correct the error stating it was the losing MPF’s
responsibility. Lastly, the applicant states as a result, his daughter was
unable to accompany him to Germany.
In support of his request, applicant provided a copy of his daughter’s
birth certificate, social security card, paternity test results, a copy of
his permanent change of station (PCS) orders, and a copy of his Tricare
Prime Enrollment Form.
The applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant made a PCS move from Lackland AFB, Texas to Spangdahlem AB,
Germany, and then back to Lackland AFB, Texas.
Copies of the applicant’s PCS orders moving him to Spangdahlem are
unavailable. The applicant’s PCS orders moving him from Spangdahlem AB,
Germany to Lackland AFB, Texas, has his daughter listed as a dependent;
however, her address reflects Georgia.
______________________________________________________________
AIR FORCE EVALUATION:
AF/A1SF recommends denial. There is some question regarding dependency for
the purpose of Family Separation Allowance and if the child would have been
authorized government transportation to Germany considering the child may
not have been in the physical custody of the applicant.
Department of Defense Financial Management Regulation (DODFMR), Volume 7A,
Chapter 27, was in effect at the of the applicant’s relocation. The
applicant received Basic Housing Allowance Differential (BAH-Diff) which
indicates the dependent was not in his custody and therefore, not eligible
for a Family Separation Allowance under DODFMR, Volume 7A, Chapter 27,
paragraph 270201-B, since there was no enforced separation.
The AF/A1SF complete evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 1 Dec
06 for review and comment within 30 days. As of this date, this office has
not received a response.
_________________________________________________________________
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; however, we agree
with the opinion and recommendation of the Air Force office of primary
responsibility and adopt its rationale as the basis for our conclusion that
the applicant has not been the victim of an error or injustice. Therefore,
in the absence of 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 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 Docket Number BC-2006-03202
in Executive Session on 9 January 2007, under the provisions of AFI 36-
2603:
Ms. Kathleen F. Graham, Panel Chair
Ms. Mary C. Puckett, Member
Mr. Patrick G. Daugherty, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 11 Oct 06.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AF/A1SF, dated 20 Nov 06.
Exhibit D. Letter, SAF/MRBR, dated 1 Dec 06.
KATHLEEN F. GRAHAM
Panel Chair
AF | BCMR | CY2007 | BC-2006-02562
AF/A1SF concurs with the applicant’s request; however, they are unable to provide the relief equitable to those members who traveled under the concurrent travel rules since the concurrent travel authorization initiated outside Air Force channels and no legal authority exists to make this a retroactive designation. At the time of the applicant’s relocation, Keesler AFB was designated as a “critical housing” area due to Hurricane Katrina. Exhibit C. Letter, AFBCMR, dated 18 Jan 07.
AF | BCMR | CY2007 | BC-2006-02561
The relevant facts pertaining to this application are contained in the letter prepared by the Air Force office of primary responsibility at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: AF/A1SF recommends the applicant’s records be corrected to authorize Family Separation Allowance, Type II ($250 per month) as an exception to policy under the Department of Defense Financial Management Regulation, volume 7A, chapter 27, paragraph 270301D. ...
AF | BCMR | CY2007 | BC-2006-02566
AF/A1SF concurs with the applicant’s request; however, they are unable to provide the relief equitable to those members who traveled under the concurrent travel rules since the concurrent travel authorization initiated outside Air Force channels and no legal authority exists to make this a retroactive designation. At the time of the applicant’s relocation, Keesler AFB was designated as a “critical housing” area due to Hurricane Katrina. As of this date, this office has received no response...
AF | BCMR | CY2007 | BC-2006-02574
The relevant facts pertaining to this application are contained in the letter prepared by the Air Force office of primary responsibility at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: HQ USAF/A1SF recommends the applicant’s records be corrected to authorize Family Separation Allowance, Type II ($250 per month) as an exception to policy under the Department of Defense Financial Management Regulation, volume 7A, chapter 27, paragraph...
AF | BCMR | CY2007 | BC-2006-02569
The relevant facts pertaining to this application are contained in the letter prepared by the Air Force office of primary responsibility at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: HQ USAF/A1SF recommends the applicant’s records be corrected to authorize Family Separation Allowance, Type II ($250 per month) as an exception to policy under the Department of Defense Financial Management Regulation, volume 7A, chapter 27, paragraph...
AF | BCMR | CY2007 | BC-2006-02570
The relevant facts pertaining to this application are contained in the letter prepared by the Air Force office of primary responsibility at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: HQ USAF/A1SF recommends the applicant’s records be corrected to authorize Family Separation Allowance, Type II ($250 per month) as an exception to policy under the Department of Defense Financial Management Regulation, volume 7A, chapter 27, paragraph...
AF | BCMR | CY2007 | BC-2006-02571
The relevant facts pertaining to this application are contained in the letter prepared by the Air Force office of primary responsibility at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: AF/A1SF recommends the applicant’s records be corrected to authorize Family Separation Allowance, Type II ($250 per month) as an exception to policy under the Department of Defense Financial Management Regulation, volume 7A, chapter 27, paragraph 270301D. ...
AF | BCMR | CY2007 | BC-2006-02565
AF/A1SF concurs with the applicant’s request; however, they are unable to provide the relief equitable to those members who traveled under the concurrent travel rules since the concurrent travel authorization initiated outside Air Force channels and no legal authority exists to make this a retroactive designation. At the time of the applicant’s relocation, Keesler AFB was designated as a “critical housing” area due to Hurricane Katrina. As of this date, this office has received no response...
AF | BCMR | CY2007 | BC-2006-02564
The relevant facts pertaining to this application are contained in the letter prepared by the Air Force office of primary responsibility at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: HQ USAF/A1SF recommends the applicant’s records be corrected to authorize Family Separation Allowance, Type II ($250 per month) as an exception to policy under the Department of Defense Financial Management Regulation, volume 7A, chapter 27, paragraph...
AF | BCMR | CY2007 | BC-2006-02563
AF/A1SF concurs with the applicant’s request; however, they are unable to provide the relief equitable to those members who traveled under the concurrent travel rules since the concurrent travel authorization initiated outside Air Force channels and no legal authority exists to make this a retroactive designation. At the time of the applicant’s relocation, Keesler AFB was designated as a “critical housing” area due to Hurricane Katrina. Exhibit C. Letter, AFBCMR, dated 18 Jan 07.