RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY
RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-04091
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
He be reimbursed for Early Return of Dependents (ERD) travel and
transportation entitlements from his overseas assignment at
Kadena AB, Japan.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was approved for ERD for his dependents in May 2008, but when
he found out that it was approved, he was notified of a pending
assignment. He was counseled by his assignment counselor that
his permanent change of station (PCS) orders would be written to
include the entitlements that an ERD order would have provided.
He was told he would be able to claim all entitlements once he
arrived at his follow-on assignment. He has since found out
that he could have had an ERD order published and that his PCS
orders will not cover his dependents as he had previously been
counseled.
In support of his request, the applicant submits copies of
statements from his commander and superintendent, and AF Form
899, Request and Authorization for Permanent Change of Station -
Military.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving in the Regular Air Force in
the grade of technical sergeant.
On 17 June 2008, the applicant received unaccompanied PCS orders
to Incirlik, Turkey. The applicants PCS orders state Member
has an approved follow on assignment but has elected not to
claim dislocation allowance (DLA). Member has also agreed to
relocate dependent(s), ship HHGs and/or store HHGs at own
expense to Oakland, CA.
_______________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPAPP recommends denied. DPAPP states the applicant
elected an unaccompanied tour to Turkey and received an approved
follow-on assignment to Hawaii. The applicant was not eligible
for an ERD because he was notified of an assignment prior to
their travel. The applicant states he applied to return his
family early from Kadena in accordance with (IAW) the ERD
program and it was approved on or about 1 June 2008. However,
the Military Personnel Flight (MPF) informed him his ERD was no
longer valid because he had an assignment to Turkey. In this
case, the applicant was notified of his assignment to Turkey
before his dependents began their travel; therefore, his
dependents could travel on his PCS orders. His PCS orders were
published on 17 June 2008 and his family departed Kadena on
2 July 2008. The applicants orders reflected that he would
relocate his dependents and ship/store HHG at his own expense in
order to retain his follow-on assignment.
DPAPP states IAW AFI 36-2110, Assignments, the purpose of the
follow-on assignment is to reduce PCS costs and increase family
stability. In order to be considered for a follow-on
assignment, an airman agrees, up front, that they will not
relocate their dependents or ship/store HHGs, at government
expense, to any location other than the follow-on location. The
applicants order reflected he would relocate his dependents and
ship/store HHGs at his own expense in order to retain his
follow-on assignment.
The complete DPAPP evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 19 November 2010, a copy of the Air Force evaluation was
forwarded to the applicant for review and comment within 30
days. As of this date, no response has been received by this
office (Exhibit C).
________________________________________________________________
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 an error or injustice. We took
notice of the applicant's complete submission in judging the
merits of the case; however, we agree with the opinion and the
recommendation of the Air Force office of primary responsibility
and adopt its rationale as the basis for our conclusion that the
applicant has failed to sustain his burden of proof of the
existence of an error or injustice. Therefore, in the absence of
evidence to the contrary, we find no basis to recommend granting
the relief sought in this application.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of material error or injustice; that
the application was denied without a personal appearance; and
that the application will only be reconsidered upon the
submission of newly discovered relevant evidence not considered
with this application.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2010-04091 in Executive Session on 21 July 2011, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 Oct 10, w/atchs.
Exhibit B. Letter, AFPC/DPAPP, dated 10 Nov 10.
Exhibit C. Letter, SAF/MRBR, dated 19 Nov 10.
Panel Chair
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