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AF | BCMR | CY2008 | BC-2008-01040
Original file (BC-2008-01040.doc) Auto-classification: Approved

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-01040
            INDEX CODE: 121.03
      xxxxxxxxxxxxxxxxxx     COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Two days of travel be paid and one day of leave be restored.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Two different Military Personnel Flights  (MPFs)  issuing  the  orders  made
mistakes on the number of authorized travel days.  He contacted his  MPF  in
early Mar 08 and was told the vouchers were paid correctly according to  the
JFTR; however, the MPFs  issuing  the  orders  made  errors  by  authorizing
travel  days  that  were  incorrect  due  to  a  conflict  in   the   travel
instruction.  Each MPF issued an extra travel day which was  authorized  for
pay.

In support of his request, applicant provides copies of  Special  Orders  No
AB-004557, dated 14 Dec 07; AB-004575, dated 14 Dec 07;  and  AA-283,  dated
19 May 06.  The applicant’s complete submission,  with  attachments,  is  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving on active duty in the grade  of  captain,
having assumed that grade effective and with a date of rank of 28 Jun 06.

The remaining relevant facts pertaining to this application, extracted  from
the applicant's military records, are contained in the letters  prepared  by
the appropriate offices of the Air Force at Exhibits B and C.

_________________________________________________________________

AIR FORCE EVALUATIONS:

HQ  AFPC/DPSIMC  recommends  relief.   DPSIMC  states  that  the   applicant
traveled from the 18th AF Institute of Technology (AFIT) in Chicago,  IL  to
Bolling AFB, DC on 24 Dec 07.  The applicant's PCS orders stated the  member
had 3 travel days.  These days were to allow the  applicant  travel  through
26 Dec 07.  The applicant was charged a total of 1 day of leave for  26  Dec
07.  DPSIMC states the applicant should have only been authorized  2  travel
days according to the  AF  travel  instructions  and  Joint  Federal  Travel
Regulation (JFTR).

The complete HQ AFPC/DPSIMC evaluation, with attachment, is at Exhibit B.

DFAS-IN recommends denial.  DFAS-IN states that official records  show  that
on travel order number AA-0283, dated 29 May 06, the applicant traveled  PCS
from Andrews  AFB,  MD  to  Chicago  AFIT,  IL.   A  review  of  his  travel
settlement voucher shows his date departed last duty station (DDLDS) was  26
Jul 06 and he arrived on station in Chicago on 28 Jul 06.   The  applicant's
master military pay account (MMPA) reveals he was in a travel status  for  2
days and arrived on station 28 Jul 06.  There was no leave  charged  on  his
pay account and his settlement voucher  reveals  he  traveled  by  privately
owned conveyance for 711 miles.  The applicant was paid  for  mileage  based
on the official distance of 710 miles, which constitutes 2 days  of  travel,
and was only allowed 2 travel days vice the 3 days as cited  on  his  travel
orders.  Further, on travel order  number  AB-4557  dated  14  Dec  07,  the
applicant traveled PCS from Chicago AFIT, IL to Bolling AFB, DC.   A  review
of this travel settlement voucher by DFAS-IN, shows that DDLDS  was  24  Dec
07 and he  arrived  on  station  at  Bolling  AFB,  DC  on  7 Jan  08.   The
applicant's MMPA reveals he was charged for leave from 24 Dec 07  through  3
Jan 08 for 11 days, and allowed 2 travel days from 4 Jan 08  through  5  Jan
08.  The applicant was paid for mileage using his POV based on the  official
distance of 710 miles, which constitutes 2  days  of  travel  and  was  only
allowed 2 travel days vice the 3 days cited on his travel orders.

The complete DFAS-IN evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

Copies of the Air Force evaluations were forwarded to the  applicant  on  20
Jun 08 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.   After  reviewing   the   applicant's
submission and the evidence of record, we  are  persuaded  that  relief  is
warranted.  We agree with AFPC/DPSIMC's recommendation that the applicant's
leave account should be credited with the day of leave that he was  charged
subsequent to his travel.  However, we differ with their  opinion  and  the
opinion of DFAS regarding payment of the two travel days.  In this  regard,
we note that two separate  MPFs  prepared  orders  authorizing  three  days
travel while the requirements set forth in  the  JFTR  authorize  only  two
travel days.  While we are unable to ascertain  the  exact  cause  of  this
error it appears there may  be  conflicting  guidance.   Nevertheless,  the
applicant  prepared  his  travel  plans,  based  in  good  faith,  on   the
information contained on the orders authorizing his travel.  The errors  on
the orders were through no fault of his own and we believe it would  be  an
injustice for him to suffer the consequences thereof.  Therefore, it is our
opinion that this matter should be resolved in his favor.  Accordingly,  in
order to provide fair and equitable relief, we  recommend  his  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:

      a.  Competent authority authorized reimbursement  for  three  days  of
travel, rather than two days, in conjunction with his  permanent  change  of
station move from Andrews AFB MD to AFIT, Chicago IL, per special order  AA-
283, dated 19 May 2006.

      b.  Competent authority authorized reimbursement  for  three  days  of
travel, rather than two days, in conjunction with his  permanent  change  of
station move from AFIT, Chicago IL to Bolling AFB DC, per special order  AB-
004557, dated 14 December 2007.

      c.  One (1) day of leave be added to his current leave balance.

_________________________________________________________________

The following members of the Board considered Docket Number  BC-2008-01040
in Executive Session on 24 Sep 08, under the provisions of AFI 36-2603:


       MS. Charlene M. Bradley, Panel Chair
       Ms. Debra K. Walker, Member
     Mr. Kurt R. LaFrance, Member

All members voted to correct the records, as recommended.   The  following
documentary  evidence  pertaining  to  Docket  Number  BC-2008-01040   was
considered:

    Exhibit A.  DD Form 149, dated 6 Mar 08, w/atchs.
    Exhibit B.  Letter, AFPC/DPSIMC, dated 26 Apr 08, w/atch.
    Exhibit C.  Letter, DFAS-IN, dated 2 Jun 08, w/atch.
    Exhibit D.  Letter, SAF/MRBR, dated 20 Jun 08.




                                   CHARLENE M. BRADLEY
                                   Panel Chair
AFBCMR BC-2008-01040




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 xxxxxxxxxxxxxxxxxxxxxxxxxxx, be corrected to show that:

      a.  Competent authority authorized reimbursement for three days of
travel, rather than two days, in conjunction with his permanent change of
station move from Andrews AFB MD to AFIT, Chicago IL, per special order AA-
283, dated 19 May 2006.

      b.  Competent authority authorized reimbursement for three days of
travel, rather than two days, in conjunction with his permanent change of
station move from AFIT, Chicago IL to Bolling AFB DC, per special order AB-
004557, dated 14 December 2007.

      c.  One (1) day of leave be added to his current leave balance.





  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency


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