RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
DOCKET NUMBER: BC-2012-01263
COUNSEL: NONE
HEARING DESIRED: YES
IN THE MATTER OF:
_________________________________________________________________
APPLICANT REQUESTS THAT:
The final date for completion of his home of selection (HOS) move
be corrected to reflect 17 September 2010.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Prior to the expiration of his entitlement to move his household
goods (HHG) and travel of his family, he contacted the Travel
Management Office (TMO) at Luke Air Force Base (AFB), Arizona, to
effect movement of his HHG to his HOS. Based on the estimated
weight of 26,000 pounds during a pre-move survey, he decided to
perform a personally procured move (PPM). In June 2010, he was
advised that he required surgery to correct a medical condition.
He contacted the Air Force Personnel Center and was advised he
would receive no further extensions without going through the
Secretarial process. His doctor sent an email stating the move
needed to be delayed due to the medical condition. His wife
contacted the TMO at Luke AFB and was instructed to move at their
earliest convenience and that everything would be okay. After
their PPM, accomplished between 28 August 2010 and 4 September
2010, he filed vouchers and received partial reimbursement for
the PPM, but nothing for dependent travel. Then, the Air Force
advised him that the money he was initially reimbursed is going
to be taken out of his pay.
He feels the Air Force fouled him and he has no control over of a
situation that affects his entire family. He was following the
instructions of an authorized and recommended doctor. He
believes he was protected when the TMO representative advised him
to go ahead with his move. He believes his appeal should be
approved based on guidance in the Joint Federal Travel Regulation
(JFTR), paragraph U5365-F, Other Deserving Cases. In light of
his family tragedies, his incapacity, his wife’s feeling
compelled to make it happen as best she could, he believes his
case is exceptional. He and his family’s service were valiant,
and they earned their ride home. It should not be taken away for
medical issues beyond his control when authorized by the JFTR.
In support of his appeal, the applicant provides a personal
letter, and copies of electronic communications, medical records,
and a letter from the Defense Finance and Accounting Service
(DFAS).
The applicant’s complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant was relieved from active duty on 31 July 2004, and
retired effective 1 August 2004 in the grade of Chief Master
Sergeant (E-9).
The remaining relevant facts, extracted from the applicant’s
military service records, are contained in the Air Force
evaluation at Exhibit B.
_________________________________________________________________
AIR FORCE EVALUATION:
PPA HQ/ECAF recommends approval. ECAF states the applicant
applied for and received extensions for travel and transportation
(shipment of HHG) entitlements through 31 July 2010. He
initiated a DD Form 2278, Application for Do-It-Yourself Move and
Counseling Checklist, signed on 9 July 2010, to move his HHG to
his HOS. He received an advance operating allowance of
$8,381.38. On 27 July 2010, the applicant’s physician sent an
email to Headquarters Air Force Personnel Center (AFPC)
requesting a delay in his military move due to medical treatment.
The applicant purchased packing materials on 31 July 2010. Upon
completion of the PPM in September 2010, the applicant applied
for the remaining payment of PPM, along with payment for travel
of his dependents, but was denied.
ECAF indicates that JFTR, Volume I, paragraphs U5365-D and U5365-
F authorizes extensions of travel and transportation entitlements
(under
undergoing
hospitalization/medical treatment, and under other deserving
cases (events beyond member’s control preventing movement within
the authorized period), respectively. JFTR paragraph U5012-I
further clarifies that an extension must not be authorized for
approval for more than six years from the date of separation or
release from active duty unless a member’s certified ongoing
medical condition prevents relocation of the member for longer
than six years from the retirement date. The paragraph also
advises that an extension under “Other Deserving Cases,” for any
reason, may not be for more than six years from the date of
separation or release from active duty or retirement. JFTR
paragraph U5365-A further advises that HHG must be turned over
for transportation within one year from termination of active
duty or expiration of extensions.
Although the applicant did not qualify for an extension past the
six year period, according to the above references, it appears he
was erroneously counseled by the TMO at Luke AFB to go ahead and
move at their earliest convenience and all would be okay. Also,
Secretarial
members
process)
for
2
the purchasing of packing materials on 31 July 2010 indicates
packing began on that day. Packing is part of the transportation
process and HHG is considered “turned over for shipment” when it
begins. Therefore, the shipment actually began prior to the
expiration. Based on the above, they believe an error was made
in advising the applicant to move at earliest convenience after
expiration of entitlement, and in the determination that packing
was not considered as part of the moving process, resulting in an
injustice against the applicant by not allowing him to receive
the reimbursement in which he was entitled for his PPM and
dependent travel.
The complete PPA HQ/ECAF evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 8 June 2012 for review and comment within 30 days (Exhibit C).
As of this date, this office has received no 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 injustice to warrant relief.
After a thorough review of the evidence presented, it appears the
applicant was erroneously counseled in regard to his travel and
transportation benefits. Additionally, PPA HQ/ECAF notes that
the applicant actually timely effected his move by beginning the
packing phase prior to expiration of his approved extension.
Therefore, we agree with the opinion and recommendation of PPA
HQ/ECAF that the applicant is the victim of an injustice and that
relief should be granted. 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 issues involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
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 his extension request for travel and
transportation entitlements through 30 September 2011, based on
an ongoing medical condition.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-01263 in Executive Session on 27 November 2012,
under the provisions of AFI 36-2603:
All members voted to correct the records, as recommended. The
following documentary evidence for AFBCMR Docket Number BC-2012-
01263 was considered:
Exhibit A. DD Form 149, dated 15 Mar 12, with atchs.
Exhibit B. Letter, PPA HQ.ECAF, dated 6 Jun 12.
Exhibit C. Letter, SAF/MRBR, dated 8 Jun 12.
Panel Chair
Panel Chair
Member
Member
4
AF | BCMR | CY2012 | BC 2012 05924
On 17 March 2011, the Joint Personal Property Shipping Office Northeast (JPPSO-NE) notified the applicant that his request for an extension was granted until 9 July 2011, a total of 180 days, and that any additional storage time past this date may not be authorized. On 15 June 2011, the applicant was advised that his HHG shipment from Florida in storage at government expense will expire/convert on 9 July 2011. On 17 June 2011, AFPC/DPSIAR notified the applicant and JPPSO-NE that the...
AF | BCMR | CY2013 | BC 2012 05924
On 17 March 2011, the Joint Personal Property Shipping Office Northeast (JPPSO-NE) notified the applicant that his request for an extension was granted until 9 July 2011, a total of 180 days, and that any additional storage time past this date may not be authorized. On 15 June 2011, the applicant was advised that his HHG shipment from Florida in storage at government expense will expire/convert on 9 July 2011. On 17 June 2011, AFPC/DPSIAR notified the applicant and JPPSO-NE that the...
AF | BCMR | CY2012 | BC-2012-03947
The remaining relevant facts, extracted from the applicants military service records, are contained in the Air Force evaluation at Exhibit C. ________________________________________________________________ _ AIR FORCE EVALUATION: PPA HQ/CCC recommends approval. Based on information in the case file, it appears erroneous information received regarding authorization for shipment prior to issuance of orders resulted in an injustice against the applicant, and their office concurs that he...
AF | BCMR | CY2014 | BC 2014 00053
The remaining relevant facts pertaining to this application are described in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is included at Exhibit C. AIR FORCE EVALUATION: PPA HQ/ECAF recommends granting relief, indicating sufficient evidence has been presented to demonstrate the existence of error or injustice. Additionally, Personal Property Headquarters (PPA HQ) advisories PPA-10-0034 and PPA 13-0045, dated 16 Apr 10 and 5 Jun 13, respectively,...
AF | BCMR | CY2011 | BC-2011-03079
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-03079 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be compensated for his personally procured move (PPM) as briefed to him by the Hickam Traffic Management Office (TMO), or in the alternative cover the actual cost of the PPM. He was only compensated $8,370.24, which did not cover the total move...
AF | BCMR | CY2012 | BC-2012-04576
CG B-202023, dated 4 Dec 1981, advises that civilian employees married to members of the uniformed services cannot each receive an entitlement for shipment of the same HHG. 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 (OPR) and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or...
AF | BCMR | CY2011 | BC-2011-01499
The applicant completed a DD Form 2278, Application for Do-it-Yourself Move and Counseling Checklist, and was quoted an estimated incentive payment of $19,524.78 to personally procure his move. Based on that amount, the applicant was given an advance payment of $12,331.44. ECAF recommends the applicant be reimbursed for any funds personally expended in excess of the authorized GCC.
AF | BCMR | CY2011 | BC-2011-00539
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00539 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He receive full reimbursement of $2,449.21 for expenses he incurred as a result of his Personally Procured Move (PPM) and his PPM reimbursement entitlement be extended back to time of his move. On 18 January 2011, the applicant submitted a DD Form...
AF | BCMR | CY2011 | BC-2011-02483
He would not have done a DITY move had he known the correct rate provided no incentive and resulted in extra costs. On 2 Apr 12, PPA HQ ECAF amended paragraph 6 of their original Air Force evaluation to read should the Board choose to provide the applicant the relief he is seeking, recommend the records be changed to reflect that under competent authority, the PPM was processed on 1 Apr 10 resulting in the utilization of low cost rates under the Transportation Operational Personal...
AF | BCMR | CY2013 | BC-2013-00423
His PCS order was issued on 10 August 2012. When he attempted to file his paperwork with the TMO he was told that he was not entitled, as the shipment was made prior to issuance of the PCS order. ________________________________________________________________ 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 issued a Letter-in-Lieu of order dated 20 July 2012, and the applicant...