RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-01205
INDEX CODE: 128.14
XXXXXXXXXXXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 8 Oct 2007
________________________________________________________________
APPLICANT REQUESTS THAT:
He be reimbursed for charges to his Government Travel Card (GTC) which he
incurred on 11 May 2005 as a result of erroneous advice from his Squadron
Section Commander to rent a U-Haul truck and proceed with outprocessing for
a Permanent Change of Station (PCS) reassignment.
________________________________________________________________
APPLICANT CONTENDS THAT:
He received notification of a PCS reassignment in February 2005, and his
Squadron Section Commander determined that he was qualified for the
reassignment and signed the Notification Report on Individual Person (RIP)
approving his departure date.
The U-Haul was rented, and charges incurred, as a result of erroneous
advice from his Squadron Section Commander to rent it and proceed with his
outprocessing.
In support of his appeal, he has submitted copies of his Notification of
Selection for Reassignment RIP, Change of Projected Assignment Data Notice,
Assignment Cancellation Notice, a letter from the NCOIC, Outbound
Assignments, dated 6 March 2006, and a Government Card Services Transaction
Details statement as of 12 April 2006.
Applicant’s complete submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the active Air Force on 11 June 2002 for six years,
and is currently serving in the grade of senior airman (E-4) as a
structural craftsman at XXXX AFB.
In a 6 March 2006 letter provided by the applicant, the NCOIC of Outbound
Assignments advises that on 8 February 2005, applicant was notified that he
had been selected for a PCS reassignment to XXXXX AFB. He was given a
Report Not Later than Date of 31 May 2005, and he projected his departure
date for 13 May 2005. AFI 36-2110 requires that orders be published
approximately 60 days prior to a member’s departure, provided they have
completed all required actions. After reviewing his relocation folder on
11 May 2005, it appears applicant had completed all required actions except
for the commander’s recommendation. Later that same day, they received a
letter of non-recommendation from his Squadron Section Commander and they
withheld publishing PCS orders pending resolution of the issue.
Applicant’s assignment cancellation followed on 19 May 2005, and he
acknowledged receipt on 20 May 2005.
________________________________________________________________
AIR FORCE EVALUATION:
HQ USAF/A1SF recommends member be reimbursed $991.92 for outstanding U-Haul
charges, as there appears to be an injustice caused by advice received from
his supervisor. Although not recommended, they advise that applicant could
also be reimbursed for late payment fees in the amount of $116.00 ($29 X 4
months) resulting from non-payment of the GTC bill due to unreimbursed U-
Haul charges.
The HQ USAF/A1SF evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the evaluation was forwarded to the applicant on 20
April 2007, for review and comment, within 30 days. However, as of this
date, no response has been received by this office.
________________________________________________________________
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 a probable injustice, caused by the incorrect advice the
applicant was given by his supervisor to proceed with his out-processing
and rent the U-Haul. Given the circumstances of this case, it appears he
may have been given conflicting information which caused him to incur an
unnecessary financial obligation for which he should be reimbursed.
Additionally, although the office of primary responsibility did not
recommend awarding him the late payment fees he incurred, the Board felt
that in keeping with 10 USC, Section 1552, Note 180, Half-loaf doctrine,
and in order to make the record whole, it was appropriate to grant him full
relief as requested. Therefore, it is the Board's opinion that in order to
provide him fair and equitable relief, it would be in the best interest of
the Air Force and the applicant to correct his records as 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 on 11 May 2005, he was authorized by
competent authority to self-procure U-Haul equipment for the purpose of
transporting his household goods due to a Permanent Change of Station
reassignment. The total reimbursement should not exceed the cost incurred
($1,107.92).
________________________________________________________________
The following members of the Board considered Docket Number BC-2006-01205
in Executive Session on 13 June 2007, under the provisions of AFI 36-2603:
Mr. Michael V. Barbino, Panel Chair
Ms. Renee M. Collier, Member
Ms. Barbara R. Murray, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 8 Apr 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ USAF/A1SF, dated 13 Apr 07.
Exhibit D. Letter, SAF/MRBR, dated 20 Apr 07.
MICHAEL V. BARBINO
Panel Chair
AFBCMR 2006-01205
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 XXXXXXXXXXXXXXXXX be corrected to show that on 11 May 2005, he
was authorized by competent authority to self-procure U-Haul equipment for
the purpose of transporting his household goods due to a Permanent Change
of Station reassignment. The total reimbursement will not exceed the cost
incurred of $1,107.92.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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