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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