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AF | BCMR | CY2009 | BC-2008-04133
Original file (BC-2008-04133.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-04133
            INDEX CODE:  107.00

      XXXXXXX    COUNSEL:  NONE

            HEARING DESIRED: YES

___________________________________________________________________

APPLICANT REQUESTS THAT:

His Permanent Change of Station (PCS) orders issue date be  changed
to on or before 1 Jun 08 so that he can be reimbursed for his Do-It-
Yourself (DITY) move.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He departed for his PCS assignment early in order to respond  to  a
classified operation which was tasked by  his  gaining  unit.   His
losing unit is at a separate operating location, but still  a  part
of the gaining unit.  Even though his orders were being amended  to
reflect the change, they were signed after the DITY move,  and  now
he cannot be reimbursed for any expenses he incurred prior  to  the
date on the orders.  Additionally, he departed within 60 days prior
to his Report Not Later Than Date (RNLTD).

In  support  of  his  appeal,  the  applicant  submits  a  personal
statement and a letter of support from his commander.

The  applicant’s  complete  submission,  with  attachments,  is  at
Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

The applicant  was  reassigned  on  PCS  orders  with  a  RNLTD  of
30 Nov 08; however, on 29  Jul  08,  his  orders  were  amended  to
reflect a RNLTD of 31 Aug 08.  Based upon the RNLTD  change,  being
directed to participate in  a  classified  mission,  and  the  high
volume of moves during that period, he chose to make  a  Personally
Procured Move (PPM) of his household goods (HHG) prior  to  receipt
of orders.  He began the move on 14 Jun  08  and  completed  it  on
5 Jul 08.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ PPA/ECAF recommends denial  indicating  that  requests  for  HHG
transportation prior to issuance of orders is  only  authorized  if
supported by a statement from the ordering  issuing  official  that
member was advised an order would be issued; written  agreement  by
the applicant to pay any additional costs if the  location  on  the
order is different from the location on  the  letter;  and  written
agreement by the member to pay the entire  transportation  cost  if
the orders are not later released.

The TMF would have provided  the  applicant  with  the  information
needed to allow transportation of  property  prior  to  receipt  or
orders had he contacted them for assistance.  He made the  decision
to make the PPM prior to issuance of orders.

The complete HQ PPA/ECAF evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reiterates  his  original  contentions  and  request.
Further, he adds that  in  order  to  conduct  the  DITY  move,  he
reserved PODs to be delivered on 14 Jun 08.  The PODs were reserved
in advance to be picked up and delivered on 5 Jul  08  due  to  the
high volume of orders by military members during the summer months.


He contacted both the  Army  and  Air  Force’s  Traffic  Management
Office (TMO) prior to his move for  advice  and  a  DITY  briefing.
Both offices advised him that because  of  the  type  of  move  and
compressed timeline, he did not need a briefing and  should  submit
the  required  documentation   upon   completion   of   his   move.
Additionally, he was not properly advised by his commander  support
staff (CSS) that his orders could easily be amended after the  fact
to reflect the correct  dates.   His  decision  to  move  prior  to
receiving his orders was based upon this guidance and  the  urgency
to get his family relocated prior to the classified operation.   As
a result, he has incurred all of the expenses associated  with  his
DITY move.

The applicant’s complete response is at Exhibit E.

___________________________________________________________________

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  an  injustice.   We  note  the  applicant   was
reassigned PCS with a RNLTD of 30 Nov 08, and completed his PPM  on
5 Jul 08.  However, it appears  that  as  a  result  of  his  being
directed to participate in a classified  operation  the  RNLTD  was
changed to 31 Aug 08.  Thus, he did  not  receive  his  PCS  orders
prior  to  his  PPM.   Consequently,  he  was   not   entitled   to
reimbursement for any expenses he incurred  for  the  PPM,  as  the
governing regulation requires the receipt of orders at the time  of
a PPM.  After a thorough review of all the facts and  circumstances
of this case, as well as the support of his commander,  we  believe
it is in the interest  of  justice  to  afford  the  applicant  the
requested relief.  Accordingly, we recommend the applicant’s record
be corrected to the extent indicated below.

4.  The applicant's case is adequately documented and  it  has  not
been shown that a personal appearance with or without counsel  will
materially  add  to  our  understanding  of  the  issue   involved.
Therefore, the request for a hearing is not favorably considered.

___________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the  Air  Force
relating  to  XXXXXXX,  XXXXXXX,  be  corrected  to  show  that  by
competent authority, his AF Form 899, Request and Authorization for
Permanent Change of Station, Special Order No. AB-083093, Block  28
(Date), was changed to reflect 1 June 2008,  rather  than  29  July
2008.

___________________________________________________________________

The following members of the Board considered AFBCMR Docket  Number
BC-2008-04133 in Executive  Session  on  2  June  2009,  under  the
provisions of AFI 36-2603:

      Mrs. Barbara A. Westgate, Panel Chair
      Mr. Mark J. Novitski, Member
      Ms. Debra M. Czajkowski, Member

All members voted to correct  the  records,  as  recommended.   The
following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 4 Nov 08, w/atchs.
     Exhibit B.  Applicant’s Master Personnel Records.
     Exhibit C.  Letter, HPPA/ECAF, dated 3 Apr 09
     Exhibit D.  Letter, SAF/MRBR, dated 1 May 09.
     Exhibit E.  Letter, Applicant, dated 14 May 09.




                                   BARBARA A. WESTGATE
                                   Panel Chair




AFBCMR BC-2008-04133




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 XXXXXXX, XXXXXXX, be corrected to show that by
competent authority, his AF Form 899, Request and Authorization for
Permanent Change of Station, Special Order No. AB-083093, Block 28
(Date), was changed to reflect 1 June 2008, rather than 29 July 2008.







            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

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