RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-01879
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His date arrived station (DAS) at Maxwell Air Force Base (AFB) be
changed from 28 February 2012 to his original DAS of
3 September 2008.
________________________________________________________________
APPLICANT CONTENDS THAT:
He went through his chain of command to have this issue
rectified and was advised by the commander and the AFPC
assignment superintendent to submit a DD Form 149, Application
for Correction of Military Record Under the Provisions of Title
10, U.S. Code, Section 1552, to have his DAS reinstated to its
original date of September 2008.
He arrived at Maxwell AFB on 3 September 2008 for a special duty
assignment as a professional military education (PME) instructor
at the Air and Space Basic Course (ASBC). He was placed in a
code 50 status which meant his assignment would expire in
September 2012. In June 2011, ASBC closed. In July 2011, he
applied for an assignment and received notification that he was
going to Yokota Air Base (AB) Japan. He was cleared to receive
a top secret (TS) clearance and was also medically cleared for
his permanent change of station (PCS) by the medical squadron
and the mission support squadron.
One week after his arrival at Yokota AB, the medical providers
told him they could not treat his condition at that base and his
previous base should have submitted a medical package for their
consideration to ensure they had available facilities to treat
his condition. He was notified that he would be returned to
Maxwell AFB on medical hold to correct the issues with his PCS.
He received a report-not-later-than date (RNLTD) of
10 February 2012 but was not issued orders until
9 February 2012; therefore his RNLTD was extended to
28 February.
When he arrived back at Maxwell AFB, he was informed that he
would be on medical hold for one duty day but instead, remained
on medical hold for a month because they did not have an
available position for him in his Air Force Specialty (AFS).
During this time there were actual positions in his AFS that
required a TS clearance across the Air Force but he was not
cleared for a PCS.
In support of his request, the applicant provides copies of his
AF Form 899, Request and Authorization for Permanent Change of
Station Military, AF IMT 422, Physical Profile Serial Report,
and documents pertaining to his PCS.
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 E-6, technical sergeant. According to documents
extracted from the military personnel database (MilPDS), the
applicant has a projected assignment to Travis AFB California,
with a report not later than date (RNLTD) of 28 February 2013.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPAPP recommends denial. DPAPP states the applicant moved on
a permanent change of station to Japan in December 2011 and was
paid entitlements for the move. Since the applicant did receive
entitlements for his PCS to Japan, they are unable to remove this
PCS from the records.
The complete AFPC/DPAPP 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 2 July 2012 for review and comment within 30 days
(Exhibit D). 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. Insufficient relevant evidence has been presented to
demonstrate the existence of 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 recommendation
of the Air Force office of primary responsibility and adopt its
rationale as the basis for our conclusion that the applicant has
not been the victim of an error or injustice. Therefore, in the
absence of evidence to the contrary, we find no compelling 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 this application
in Executive Session on 10 January 2013, under the provisions of
AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered in AFBCMR
Docket number BC-2012-01879:
Exhibit A. DD Form 149 dated 7 May 2012, w/atchs.
Exhibit B. Letter, AFPC/DPAPP, dated 21 June 2012.
Exhibit C. Letter, SAF/MRBR, dated 2 July 2012.
Panel Chair
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