DOCKET NUMBER: BC-2012-01115
COUNSEL: NONE
HEARING DESIRED: NO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:
________________________________________________________________
APPLICANT REQUESTS THAT:
His retirement order be corrected to include a permanent change
of station (PCS) without a change of assignment in order to
utilize his one move entitlement for a temporary move to
Washington state, then, to his home in South Carolina.
________________________________________________________________
APPLICANT CONTENDS THAT:
The entitlement counseling he received was incorrect. Upon
retiring from active duty, he had informed everyone he was
moving temporarily to Washington State and then moving to his
home in South Carolina.
In support of his request, the applicant submits copies of a
Defense Finance and Accounting Service (DFAS) notice of one move
entitlement, his retirement order and amendment, email
correspondence, an 8 March 2012, memorandum from the Director of
the Joint Personnel Property Shipping Office (JPPSO), and
receipts pertaining to his Household Goods shipment (HHGs).
The applicant’s complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
According to documents extracted from the applicant’s military
personnel records (MPR), the applicant is a former commissioned
officer
from
21 November 1990 through 31 July 2011, and was honorably retired
in the grade of Lieutenant Colonel, and credited with 20 years,
8 months, and 10 days of active duty service.
By letter, dated 11 April 2012, AFPC/DPSOR advised the applicant
that according to the Joint Federal Travel Regulations, Volume 1
(JFTR, Vol 1), which states: “A member on active duty is
authorized travel and transportation allowances to a home
selected by the member from the last permanent duty station
(PDS) when the member is: retired with pay for any reason…,” the
Regular
served
Air
Force
who
of
the
applicant was authorized one move to his HOS. Based on his
retirement application dated 6 April 2011, wherein, he selected
a location in the state of Washington as his HOS, he has used
his entitlement for travel and shipment of household goods as a
result of travel to his HOS on 30 January 2012.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOR recommends denial. DPSOR states based on the
documentation on file in the applicant’s master personnel
records; the retirement order was consistent with the procedural
and substantive requirements of the Joint Federal Travel
Regulations, Volume 1.
The complete AFPC/DPSOR evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
In his response the applicant reiterates his contention that he
was mis-counseled regarding his entitlements at the time of his
retirement processing. In support of this statement he includes
a copy of the Director of the Joint Personal Property Shipping
Office’s memorandum dated 8 March 2012. In this memorandum the
director confirms the applicant’s assertion that the entitlement
counseling he received was incorrect because of the absence of
the DD Form 1797, Personal Property Counseling Checklist and AF
Form 2473, Home of Selection Travel and Transportation
Entitlements, which were required documents and should have been
provided at the time of the counseling. The applicant also
states he did not receive the proper entitlement options as he
made clear his intentions to temporarily move to Washington
State for six months then move to his home in South Carolina
where he has been since early February 2012. Additionally, the
applicant expresses his disappointment in the 22 June 2012,
AFPC/DPSOR letter which, he states, totally failed to address
the main problem of his being mis-counseled or the fact that the
Director of JPPSO has confirmed and so stated in his personal
memorandum.
The applicant’s complete response, with attachment, is at
attachment D.
________________________________________________________________
ADDITIONAL AIR FORCE EVALUATION:
PPA/ECAF recommends approval. ECAF states that according to a
memorandum dated 8 March 2012, from the Joint Personal Property
Shipping Office, Joint Base Hickam-Pearl Harbor, Hawaii, the
2
applicant has been provided the benefit of the doubt regarding
the entitlement counseling received as being incorrect due to
the absence of the AF Form 2473, Home of Selection Travel and
Transportation Entitlements, and DD Form 1797, Personal Property
Counseling Checklist, in the shipment file. Based on the above,
there was a potential error in counseling resulting in an
injustice against the applicant regarding his travel and
transportation entitlements upon retirement from an overseas
PDS. They concur with the applicant’s request for authorization
of travel and transportation allowances to Washington, then to
his HOS in South Carolina.
The complete PPA/ECAF evaluation is at Exhibit E
________________________________________________________________
APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:
A copy of the additional Air Force evaluation (Exhibit F) was
forwarded to the applicant on 9 July 2012 for review and comment
within 30 days. To date, this office has not received a
response.
________________________________________________________________
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 error or an injustice warranting
corrective action. We took notice of the applicant’s complete
submission, to include his comments provided in rebuttal to the
Air Force evaluation, in judging the merits of the case and
agree with PPA/ECAF’s determination that the applicant should be
reimbursed for his out-of-pocket expenses related to his
personally procured move (PPM). In this respect, we agree the
applicant may not have been provided appropriate counseling
concerning his travel and transportation entitlements upon
retirement from an overseas permanent duty station. We
considered the applicant’s request to correct his retirement
orders to include a permanent change of station (PCS) without
permanent change of assignment (PCA), however; we believe the
relief recommended by PPA/ECAF is the more appropriate remedy.
Accordingly, we recommend his records be corrected as indicated
below.
________________________________________________________________
3
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to APPLICANT, be corrected to show that competent
authority approved:
a. The retirement processing station for the applicant was
Cashmere Washington, and the applicant was authorized travel and
transportation entitlement from Hawaii to his home of selection
(HOS) in accordance with Joint Federal Travel Regulations Volume
1, paragraph U5345-G.3.
b. The applicant’s incentive payment in the amount of
$5, 445.34 for effecting a 10,360 pound personally procured move
(PPM) from Cashmere Washington to Sumter, South Carolina.
________________________________________________________________
The following members of the Board considered this application
BC-2012-01115 in Executive Session on 16 October 2012, under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 March 2012, w/atchs.
Exhibit B. The Applicant’s Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOR, dated 22 June 2012.
Exhibit D. Letter, Applicant, dated 5 July 2012.
Exhibit E. Letter, PPA/ECAF, dated 6 July 2012.
Exhibit F. Letter, SAF/MRBR, dated 9 July 2012.
Panel Chair
4
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