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AF | BCMR | CY2007 | BC-2006-02573
Original file (BC-2006-02573.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-02573
            INDEX CODE:

            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:

Hurricane Katrina devastated on/off base housing in August  2005.   He
PCS’d to Keesler in February 2006.  At that time, local command policy
did not allow for concurrent travel.  Official  non-concurrent  travel
became effective 23 March 2006.

In support of the appeal, applicant submits a copy of his PCS  orders,
a copy of his Letter of Intent to Military Family Housing, a  copy  of
his Travel Voucher, and a copy of Memo to SAF/MRBR.

Applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was assigned to 305 Operations Support  Squadron  (AMC),
McGuire AFB, NJ and received PCS  orders  for  335  Training  Squadron
(AETC), Keesler AFB, MS.  He had a report no later  than  date  of  28
February 2006.

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 March 2006.   As  a  result,
members transferring to Keesler AFB on or  after  23 March  2006  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 C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 9
November 2006 for review and comment within 30 days.  As of this date,
this office has received no 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.    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/AISF  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  March  2006,  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 24 February 2006 to 20 June 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 was considered:

   Exhibit A.  DD Form 149, dated 30 Jun 06, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ USAF/AISF, dated 12 Jan 07.
   Exhibit D.  Letter, AFBCMR, dated 17 Jan 07.




                                   KATHLEEN F. GRAHAM
                                   Panel Chair







AFBCMR BC-2006-02573





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 24 February 2006 to
20 June 2006.






                             JOE G. LINEBERGER
                             Director
                             Air Force Review Boards Agency





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