RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-00918
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be reimbursed for travel expenses in the amount of $3955.92 for
costs incurred under the Student Dependent Travel Program (SDTP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was improperly advised by staff that his children qualified for
travel under the SDTP, and purchased the tickets for their travel
in good faith. His travel voucher claim was denied by the Defense
Finance and Accounting Service (DFAS) on the basis that his
dependents travel at government expense was not authorized per
regulations. He submitted an appeal for reimbursement of travel
expenses regarding this matter to the Defense Office of Hearing
and Appeals (DOHA), and again, his claim was denied. He believes
an injustice has occurred and would like to be reimbursed for
these expenses.
In support of the appeal, the applicant provides a letter of
support, background documentation related to his claim for
reimbursement of travel expenses, copies of the Inspector General
(IG) Report, and documentation related to his DOHA claim.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant currently serves in the Regular Air Force in the
grade of colonel. In May 2007, the applicant was reassigned from
Dover AFB, Delaware to Camp H.M. Smith, Hawaii. He submitted a
SDTP request for his two minor children to travel to Hawaii, and
on 9 May 08, orders were approved and issued. After his children
departed Hawaii, he filed a travel voucher for reimbursement and
his travel claim was denied by DFAS. He submitted an appeal to
the DOHA, and his case, and subsequent appeals were also denied.
The applicant filed an IG complaint requesting reimbursement of
his childrens student dependent travel claim. An investigation
into the matter was conducted from 24-26 Mar 09, and on 3 Jun 09,
the IG investigation concluded no illegality or violation of a
standard or regulation that could require further inquiry or
investigation, and the allegations were not substantiated.
_________________________________________________________________
AIR FORCE EVALUATIONS:
HQ USAF/A1PA recommends denial. HQ USAF/A1PA indicates that the
Air Force Element staff had been counseling members incorrectly on
the DSTP, and the applicant was erroneously authorized dependent
student travel orders for his children. As a result, he purchased
the travel at the government rate. Although he acted in good
faith when using the orders to obtain the childrens airline
tickets, there is no legal authority to reimburse him.
The complete HQ USAF/A1PA evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:
Throughout every stage of his appeal he has seen instances where
agencies could have been clearer on the facts of this case, to
include the recommendation sent to the Board by HQ USAF/AlPA in
their advisory opinion. The SDTP has been published, advertised
and endorsed by Air Force leadership throughout the command
headquarters, and program has been established for many years.
With that said, he received his guidance from many different
sources, not simply from a "staff sergeant" as HQ USAF/A1PA
indicates. He requests that the Board not base its decision on
the advisory opinion, but base its decision on what is right. He
asks for the Board to provide an independent assessment on
whether there was an injustice in his case.
The applicants 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.
3. Sufficient relevant evidence has been presented to demonstrate
the existence of error or injustice. In this respect, we note the
evidence of record reflects the applicant was given prior approval
for his dependent children to travel to Hawaii and orders were
issued. Further, after their return the applicant filed a travel
voucher claim which was disapproved. We are persuaded the
applicant acted on the official direction and information
provided. Moreover, we believe the applicant acted in good faith
in this matter and there was no attempt to defraud the
government. Therefore, we recommend his records be corrected to
the extent 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
21 August 2008, his two minor dependent children were authorized
by competent authority to travel from Philadelphia International
Airport, Pennsylvania, to Honolulu International Airport, Hawaii
and from Honolulu International Airport, Hawaii to Philadelphia
International Airport, Pennsylvania, and, he was authorized
reimbursement in the amount of $3498.76 for his two minor
dependent childrens airfare from Philadelphia International
Airport, Pennsylvania, to Honolulu International Airport, Hawaii,
and reimbursable expenses of $33.16 for Agent Fees, $350.00 for
Airline Unaccompanied Minor Fees, $48.00 for Airport Parking, and
$26.00 for Tolls. Reimbursement will not exceed the cost incurred
($3955.92).
_________________________________________________________________
The following members of the Board considered Docket Number BC-
2010-00918 in Executive Session on 14 September 2010, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the record, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 Feb 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ USAF/A1PA, dated 7 May 10.
Exhibit D. Letter, SAF/MRBR, dated 4 Jun 10.
Exhibit E. Letter, Applicant, dated 1 Jul 10.
Panel Chair
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