RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-02162
            INDEX CODE:  128.00
      XXXXXXX    COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He receive an Overseas Housing Allowance (OHA), Family Separation  Allowance
(FSA)  or  any  other  entitlements  for  his  dependents  residing  in  the
Philippines from 15 September 2004 to present.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His  orders  to  Bangkok,  Thailand  were  for  an  accompanied  tour   with
nonconcurrent travel and listed his two dependants.  However,  his  son  was
not recommended  for  travel  with  him  because  there  was  not  a  speech
therapist for his age group.  Therefore, his dependents  had  to  remain  in
the Philippines.

In support of his request, the applicant submits an  AF  Form  899,  Request
and Authorization for Permanent Change of Station -  Military;  an  AF  Form
1466, Request for Family Members and educational  clearance  for  travel,  a
memorandum from HQ DIA/CC,  medical  certification  documentation,  excerpts
from the military personnel data system and e-mail communiqués.

His complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Based on documentation submitted with his application.   The  applicant  was
reassigned to Bangkok, Thailand from Manila, Philippines for an  accompanied
tour with a date arrived station (DAS) of 16 September 2004.

On 8 September 2005, the applicant requested approval under  the  Dependents
Remaining Overseas (DRO) program for his two children who  remained  in  the
Philippines.  His DRO request was disapproved.

On 30 May 2006, an AF Form 1466, Request for  Family  Member's  Medical  and
Educational Clearance for Travel  was  disapproved  for  his  dependant  son
because of "non-availability of a speech therapist provider in Bangkok."

_________________________________________________________________
AIR FORCE EVALUATION:

AFPC/DPAPP recommends denial.  DPAPP states based on  their  review  of  the
applicant's personnel record, he was assigned to the Philippines on  an  18-
month unaccompanied tour, extended his tour  to  September  2003,  and  then
extended  his  tour  to  September  2004.   There  were  no  indications  or
supporting documentation that he received an  approved  AF  Form  965,  Tour
Election Change, for the purpose of command sponsorship.  Therefore, if  his
dependents were not command sponsored in the Philippines, the  applicant  is
responsible for travel/transportation allowances  from  the  Philippines  to
the CONUS port servicing the Philippines.

The complete DPAPP evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant responded stating  the  facts  contained  in  the  Air  Force
advisory are true but do not address the central issue of this  case  which
should be that he is authorized to move  non-command  sponsored  dependents
residing with him  to  his  next  consecutive  Outside  the  United  States
(OCONUS) tour if they are to serve the accompanied tour.  The Joint Federal
Travel Regulation, (JFTR) Volume 1  Chapter  5,  Part  C  states  a  member
ordered on a PCS between OCONUS Permanent Duty Stations (PDS), who had non-
command-sponsored dependents at, or in the vicinity  of  the  old  PDS,  is
authorized dependents' travel and transportation allowances if  the  member
is to serve an accompanied tour at the new OCONUS PDS.  If the  member  was
authorized dependents' travel and transportation allowances at the time  of
transfer to the old OCONUS PDS, authorization is for the  travel  performed
up to  the  allowances  from  the  place  dependents  were  last  moved  at
government expense.  If the member was not  authorized  dependents'  travel
and transportation allowances at the time of transfer  to  the  old  OCONUS
PDS,  the  authorization  cannot  exceed  the  travel  and   transportation
allowances from the CONUS point of embarkation serving the old PDS  to  the
new PDS.

His complete response, with attachments, is at (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.  Insufficient relevant evidence has been presented  to  demonstrate  the
existence of error or injustice.  After a thorough review of  the  evidence
of record and careful consideration of the applicant's contentions, we  are
not persuaded that he has been the victim of an  error  or  injustice.   It
appears that because the applicant's dependents were not  command-sponsored
in the Philippines and never received clearance for travel to Thailand,  he
was not authorized or entitled to any of the allowances or entitlements  he
is requesting.  Therefore, we agree with the opinion and recommendation  of
the Air Force office of primary responsibility and adopt its  rationale  as
basis for our conclusion that the applicant has not been the victim  of  an
error or injustice.  Absent persuasive evidence that he was  denied  rights
to which he was entitled, we find no compelling basis to recommend granting
the relief sought in this application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of material error  or  injustice;  that  the  application  was
denied without a personal appearance; and that the application will only  be
reconsidered upon the submission of newly discovered relevant  evidence  not
considered with this application.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2007-
02162 in Executive Session on 13 February 2008, under the provisions of  AFI
36-2603:

                 Mr. James W. Russell III, Panel Chair
                 Mr. James L. Sommer, Member
                 Ms. Barbara J. Barger, Member

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 29 June 2007, w/atchs.
     Exhibit B.  Letter, AFPC/DPAPP, dated 22 August 2007.
     Exhibit C.  Letter, SAF/MRBR, dated 21 September 2007.
     Exhibit D.  Letter, Applicant, not dated.





                                   JAMES W. RUSSELL III
                                   Panel Chair