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AF | BCMR | CY2010 | BC-2009-00238
Original file (BC-2009-00238.txt) Auto-classification: Approved
 RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2009-00238 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: YES 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

1. He be reimbursed for the cost of moving his household goods 
(HHGs). 

 

2. He be awarded the retired grade of chief master sergeant 
(CMSgt). 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was the Operations Superintendent for the 186th Security Forces 
Squadron (SFS) in Mississippi (MS). He was in an Active Guard 
Reserve (AGR) position (Title 32 active duty). His home of record 
(HOR) is in Missouri. He was informed by his doctors he would 
need home care. While on convalescent leave for approximately 
14 months, he was required to travel from his HOR to his duty 
location in MS every thirty days for medical follow-up 
appointments at the local Naval Air Station (NAS) hospital. He 
paid for these 1200 mile round-trips out of his own pocket. In 
Feb 07, the NAS doctor he was seeing asked that he be transferred 
to his HOR for his care and follow-up visits every 30 days. His 
Air National Guard (ANG) medical personnel and Wing command was 
confused about how to transfer him to his HOR. Permanent Change 
of Station (PCS) was available but no one knew how to get it done. 
Two months later, he met with his command staff to find out how to 
get his HHG delivered to his HOR as he had been living on rented 
furniture for the past nine months of his convalescent leave. The 
meeting resulted in him being told he could move his HHGs to his 
HOR while on convalescent leave and that from that time forward he 
would no longer have to make the trip to the NAS hospital for 
follow-up visits. In May 07, he moved his HHGs to his HOR. Two 
weeks later, however, he was told he would, in fact, have to 
return to the NAS hospital every 30 days for follow ups while on 
convalescent leave and that he could not file a claim for payment 
of his Do-It-Yourself (DITY) move of his HHGs until after he 
received a retirement order. After retiring, he filed a claim for 
reimbursement of his DITY move but was told he would have to apply 
to the Air Force Board for Correction of Military Records (AFBCMR) 
in order to receive any monies. 

 

While all this was happening, he was informed that his supervisor, 
the base security manager, was retiring in Jan 07. The security 


manager position is a CMSgt position in the SFS. Because he was 
the ranking non-commissioned officer-in-charge (NCO) in the SFS, 
and in the position directly below the security manager, he 
applied for the position. Upon presenting his application, he was 
told since he was on a medical profile and his continued fitness 
to serve was being considered by a Medical Evaluation Board (MEB), 
that he was not eligible for promotion and could not apply for the 
position. He notes a master sergeant (MSgt) from the supply 
squadron, junior to him in grade and in responsibility, was 
selected for the position. As a result, he, as a SMSgt and the 
superintendent of the SFS, found himself working for an MSgt. He 
believes he was denied the opportunity to apply for the position 
simply because he was on medical waiver and the results of his MEB 
had not yet been determined. 

 

This entire situation came about as a result of him answering the 
call of duty by deploying to Iraq. If he had not deployed, he 
would be the SFS security manager as a CMSgt and would not have 
had to move at all. Neither would he be in the dire financial 
situation he finds himself in today. 

 

In support of his appeal, the applicant provides a personal 
statement, several AF IMTs 988, Leave Request/Authorization, 
copies of his MEB package to include his retirement order, and 
certain pertinent e-mails. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

Applicant served 28 years, 1 month, and 14 days of satisfactory 
service for pay and over 21 years of active duty that qualified 
him for a length-of-service retirement. He was injured while 
serving in Iraq. After approximately 14 months of convalescent 
leave, an informal physical evaluation board (IPEB) found him 
unfit for continued military service on 17 Sep 07. He was 
permanently disability retired in the grade of SMSgt (E-8) with a 
compensable percentage for physical disability of 20 percent in 
accordance with 10 United States Code (U.S.C) Section 1201. His 
retirement was effective 1 Feb 08. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

NGB/A1PS concurs with the ANG subject matter expert (SME) 
NGB/A1POE and recommends denial of the applicant’s request to 
retire in the grade of CMSgt. A1POE cites ANG Instruction (ANGI) 
36-2502, Promotion of Airmen, wherein is stated a member is 
ineligible for promotion consideration if the member “…has a 
medical profile of 4P and is not qualified for worldwide duty.” 
The applicant was clearly on a “4” profile and was, therefore, 


disqualified for worldwide duty. There is no provision for 
awarding a member a grade which he or she did not hold, 
satisfactorily or otherwise. 

 

A1PS’s complete evaluation, with attachment, is at Exhibit B. 

 

NGB/A4RDT recommends the Board grant the applicant’s request for 
reimbursement for his personally procured move (PPM). A4RDT is 
satisfied that the difficulty the applicant describes in his 
application meets the intent of AFSUP JFTR, paragraph A14.15. 
Despite the fact the applicant lacks an order authorizing his PPM, 
the JFTR excuses such a lack of documentation if a member 
experiences an event beyond the member’s control that prevents 
prior approval and issuance of a Travel Order Processing System 
(TOPS) generated DD Form 2279 for a personally procured HHG move. 
A4RDT recommends the applicant be reimbursed via either of the two 
following methods – whichever is most beneficial to the applicant: 

 

 1. Reimbursement of actual cost incurred not to exceed the 
Government Constructed Cost (GCC) for weight moved up to the 
members’ maximum authorized weight allowance. 

 

 2. A monetary allowance equal to 95% of the GCC. 

 

A4RDT’s complete evaluation is at Exhibit C. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

Applicant enclosed copies of a DD Form 2278, Application for Do It 
Yourself Move Counseling Checklist, and a DD Form 1351-2, Travel 
Voucher or Sub voucher, as supporting documentation. 

 

Applicant’s complete response, with attachments, 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. Insufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice with regard to the 
applicant’s request for promotion to CMSgt. We took notice of the 
applicant's complete submission in judging the merits of the case; 
however, 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 the applicant has not been the victim 
of an error or injustice. Therefore, in the absence of evidence 
to the contrary, we find no basis to recommend granting a portion 
of the relief sought in this application. 


 

4. Notwithstanding our determination above, sufficient relevant 
evidence has been presented to demonstrate the existence of error 
or injustice regarding his request for reimbursement for shipment 
of his HHGs. We took notice of the applicant's complete 
submission in judging the merits of the case and 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 the applicant should be reimbursed for the cost of his 
Household Goods at a rate most advantageous to him. Therefore, we 
recommend that the 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 on 1 May 2007, 
competent authority approved his request to move his household 
goods (HHG), before issuance of orders, in accordance with AFSUP 
JFTR/JTR paragraph A14.15 and that reimbursement for the 
personally procured movement of HHG is authorized in accordance 
with AFSUP JFTR/JTR, paragraph A14.1.2. 

 

______________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket Number 
BC-2009-00238 in Executive Session on 5 January 2010, under the 
provisions of AFI 36-2603: 

 

 Panel Chair 

 Member 

 Member 

 

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

 

 Exhibit A. DD Form 149, dated 25 Nov 08, w/atchs. 

 Exhibit B. Letter, NGB/A1PS, dated 2 Sep 09, w/atch. 

 Exhibit C. Letter, NGB/A4RDT, dated 4 Sep 09. 

 Exhibit D. Letter, SAF/MRBR, dated 18 Sep 09. 

 Exhibit E. Letter, Applicant, dated 1 Oct 09, w/atchs. 

 

 

 

 

 

 Panel Chair 

 

 

 

 

 

 

 


 

AFBCMR BC-2009-00238 

 

 

 

 

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 APPLICANT 
be corrected to show that on 1 May 2007, competent authority approved his request to move his 
household goods (HHG), before issuance of orders, in accordance with AFSUP JFTR/JTR 
paragraph A14.15 and that reimbursement for the personally procured movement of HHG is 
authorized in accordance with AFSUP JFTR/JTR, paragraph A14.1.2. 

 

 

 

 

 Director 

 Air Force Review Boards Agency 

 

 

 

 

 



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