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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