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AF | BCMR | CY2008 | BC-2007-03001
Original file (BC-2007-03001.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-03001
            INDEX CODE:  128.00
            COUNSEL:  NONE
            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

1. His Permanent Change of Station (PCS) order be corrected to  reflect  his
home address as 392 Kingston Garden Road, Prattville, AL 36067, versus  1709
Twelve Oaks Lane, Prattville, AL 36066.

2. He be reimbursed for the relocation expenses that  he  incurred  when  he
relocated his family.

_________________________________________________________________

APPLICANT CONTENDS THAT:

On 26 January 2007, he was notified of his selection for  PCS  from  Maxwell
AFB, AL, to Al Udeid AB, Qatar, with a report date of   20 June 2007.

The week of 16 February 2007, he moved his family at his own  expense  to  a
new location due to time constraints of finishing Air Command Staff  College
(ACSC) and reporting for duty at the remote duty station.  He felt  that  he
would not have enough time to properly relocate his family if he had  waited
to receive the PCS orders; he did not receive the orders until May 2007.

After he moved his family, but prior to his departure, he  learned  that  he
may be entitled to relocation funds.  He worked with the  local  Commander’s
Staff Support (CSS) to apply for these funds.

In support of his request, the applicant provided a copy of an official  PCS
order, a copy of an  obsolete  PCS  order,  an  AF  Form  973  (Request  and
Authorization for Change of Administrative Orders), and a memorandum  signed
by the applicant without a  signed  endorsement  from  the  Mission  Support
Squadron (MSS) Outbound Assignments.

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

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from  the  Military  Personnel  Data  System  (MilPDS)
indicates the applicant is currently serving on active

duty  in  the  grade  of  lieutenant  colonel,  having  assumed  that  grade
effective and with a date of rank (DOR) of  1  September  2007.   His  Total
Active Federal Military Service Date (TAFMSD) is 12 December 1988.

_________________________________________________________________

AIR FORCE EVALUATION:

JPPSO/ECAF recommends denial.  ECAF states that the applicant is  requesting
to be reimbursed for a PCS move that he performed  prior  to  receiving  his
PCS order.  The Joint Federal Travel Regulation (JFTR)  provides  guidelines
that HHG transportation before a  PCS  order  is  issued  is  authorized  if
supported by: 1) a statement from order issuing official advising  prior  to
issuance of an order that it would be issued; 2) a written agreement  signed
by the applicant to pay any costs incurred  for  transportation  to  another
point required because the new Permanent Duty Station  (PDS)  named  in  the
order is different than that named  in  the  statement;  and  3)  a  written
agreement to pay the entire transportation cost if a PCS order is not  later
issued.  Although he had a limited time to  relocate  his  family  after  he
received the order, he could have obtained a  “Letter  in  Lieu”  of  orders
through personnel channels, allowing him to make the move prior  to  receipt
of orders.  Instead, he chose to make the personally procured move prior  to
receipt of orders for his convenience and has not provided documentation  in
support of this request that shows he met the criterion as stated above.

The complete ECAF 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  7
November 2008 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.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of error or injustice.  The JTFR provides specific guidelines  for
family  relocation  and  authorization  of  such  expenses;  without   prior
authorization or PCS orders, the applicant is not entitled to  reimbursement
after the fact.  Therefore, we agree with the opinion and recommendation  of
the Air Force office of primary responsibility and adopt  its  rationale  as
the basis for our conclusion that the applicant has not been the  victim  of
an error or injustice.   Therefore,  in  the  absence  of  evidence  to  the
contrary, 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-
03001 in Executive Session on 17 December 2008, under the provisions of  AFI
36-2603:

      Mr. James W. Russell III, Panel Chair
      Mr. Jeffery R. Shelton, Member
      Ms. Karen A. Holloman, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 12 September 2007, w/atchs.
    Exhibit B.  Letter, JPPSO/ECAF, dated 27 October 2008, w/atch.
    Exhibit C.  Letter, SAF/MRBR, dated 7 November 2008.




                                   JAMES W. RUSSELL III
                                   Panel Chair


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