RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2006-02571
            INDEX CODE:  128.02
            COUNSEL:  None

            HEARING DESIRED: NOT INDICATED

MANDATORY CASE COMPLETION DATE: 27 FEBRUARY 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 Langley AFB, VA and received  PCS  orders  for
Keeler AFB, MS.  He had a report no later than date of 10 Jan 06.   His  PCS
orders did not reflect concurrent travel.

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/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  then  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 C.

_________________________________________________________________

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
received no response (Exhibit D).

_________________________________________________________________

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 RECOMMENDS 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 9 January 2006 to 27 May 2006.

________________________________________________________________

The following members of the Board considered this application 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

All members voted to correct the records,  as  recommended.   The  following
documentary evidence for AFBCMR Docket Number BC-2006-02571 was considered:

    Exhibit A.  DD Form 149, undated, w/atchs.
    Exhibit B.  Letter, AF/A1SF, dated 12 Jan 07.
    Exhibit C.  Letter, SAF/MRBC, dated 17 Jan 07.




                                   KATHLEEN F. GRAHAM
                                   Panel Chair



AFBCMR BC-2006-02571




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 9 January 2006 to 27 May 2006.




                                       JOE G. LINEBERGER
                                       Director
                                       Air Force Review Boards Agency