RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-02563
INDEX CODE: 128.02
COUNSEL: None
HEARING DESIRED: NOT INDICATED
MANDATORY CASE COMPLETION DATE: Feb 27, 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
His permanent change of station (PCS) orders be amended to authorize
entitlements under “non-concurrent” travel rules.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He incurred financial hardship as a result of Hurricane Katrina (which
devastated housing on and off base). Non-concurrent travel rules allowed
those that arrived after 23 Mar 06 additional entitlements to protect
families from a financial burden. These rules were unjust, as anyone who
arrived between 28 Aug 05 and 23 Mar 06 faced the same, if not more
hardship.
In support of his request, the applicant provided a copy of his PCS orders
and a letter of support from 81 MSS/DPM.
The applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant was assigned to Lajes Field, Azores, Portugal and received
PCS orders for Keeler AFB, MS with a report no later than date of 18 Feb
06.
The relevant facts pertaining to this application are contained in the
letter prepared by the Air Force office of primary responsibility at
Exhibit B.
_________________________________________________________________
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/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. Under critical housing,
members were strongly encouraged not to bring their families due to limited
housing. However, since there was government prohibition for families to
travel, there were no additional entitlements due to the members.
The Office of the Secretary of Defense (OSD) designated Keesler AFB as a
“concurrent travel” application area 23 Mar 06. As a result, members
transferring to Keesler AFB on or after 23 Mar 06 were required to apply
for concurrent travel and if, denied them they became eligible for
additional entitlements, such as Family Separation Allowance, until the
concurrent travel was approved. Members, who in good faith, complied with
the critical housing designation were not afforded the same entitlements as
those under a “concurrent travel” application area.
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 18 Jan
07 for review and comment within 30 days. As of this date, this office has
not received a response (Exhibit C).
_________________________________________________________________
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 error or injustice warranting a measure of relief. While we
believe the applicant’s contention regarding the hardship caused him and
his family by Hurricane Katrina has merit, we note that we are precluded
from providing the specific relief requested. As such, we agree with the
relief recommended by HQ USAF/A1SF to authorize Family Separation allowance-
Type II as an exception to policy. While not providing the same relief as
those service members arriving at Keesler Air Force Base on or after 23 Mar
06, we believe under the circumstances, it affords the applicant
substantial equity. Therefore, we recommend the applicant’s records be
corrected as indicated below.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The pertinent military records of the Department of the Air Force relating
to the APPLICANT be corrected to show that, pursuant to the DoD Financial
Management Regulation, Volume 7A, Chapter 27, Paragraph 270301.D, the
Secretary of the Air Force determined that it was in the best interest of
the government to approve a waiver granting him entitlement to FSA-II for
the period 30 January 2006 to 8 March 2006.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-2006-
02563 in Executive Session on 27 February 2007, under the provisions of AFI
36-2603:
Ms. Kathleen F. Graham, Panel Chair
Mr. Wallace F. Beard, Jr., Member
Ms. Karen A. Holloman, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 22 Jun 06, w/atchs.
Exhibit B. HQ USAF/A1SF Letter, dated 12 Jan 07.
Exhibit C. Letter, AFBCMR, dated 18 Jan 07.
KATHLEEN F. GRAHAM
Panel Chair
AFBCMR BC-2006-02563
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, pursuant to the DoD
Financial Management Regulation, Volume 7A, Chapter 27, Paragraph 270301.D,
the Secretary of the Air Force determined that it was in the best interest
of the government to approve a waiver granting him entitlement to FSA-II
for the period 30 January 2006 to 8 March 2006.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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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-2006-02562
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AF | BCMR | CY2007 | BC-2006-02566
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AF | BCMR | CY2007 | BC-2006-02572
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...