RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-04911
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
She be entitled to travel, per diem, and Dislocation Allowance
(DLA) at the with-dependent rate.
________________________________________________________________
APPLICANT CONTENDS THAT:
Her spouse traveled with her during a Permanent Change of
Station (PCS) move from Sheppard AFB, TX, (Wichita Falls, TX) to
Maxwell AFB, AL, (XXXXXXX, AL) from 31 Jul 12 - 1 Aug 12.
Although, he lived in Alabama at the time, he was with her in
Texas, helping her pack up the house and drove the rental truck,
while she was driving her POV, back to their home in XXXXXXX,
AL. She feels she should receive the entitlements, to include
his travel, per diem, and the dependent rate DLA.
In support of her appeal, the applicant provides copies of her
PCS orders, travel voucher, and email correspondence between
her, the Military Personnel Flight (MPF), and the Air Force
Personnel Center (AFPC).
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
Based on the letter prepared by the Air Force office of primary
responsibility (OPR), on 20 Jun 12, the applicant was issued PCS
orders for reassignment from Sheppard AFB, TX to Maxwell-Gunter
AFB, AL. On 31 Jul 12, the applicant performed a PCS from
Sheppard AFB, TX to Maxwell-Gunter AFB, AL and her dependent
spouse was listed on the PCS orders. She had a Report Not Later
Than Date (RNLTD) of 30 Aug 12.
________________________________________________________________
AIR FORCE EVALUATION:
AF/A1PA recommends denial, stating, in part that in order for
the applicant to receive the dependent allowances, the dependent
must be "moving" in connection with the PCS from Sheppard AFB,
TX to Maxwell-Gunter AFB, AL. The dependent spouse could not
"move" from Sheppard since he never relocated to Sheppard. In
connection with the PCS move from Sheppard AFB TX, the dependent
spouse was not establishing a permanent residence in Alabama as
it was already considered his permanent residence. As a result,
the Joint Federal Travel Regulation (JFTR) does not permit
payment of dependent travel allowances. Similarly, since the
applicants dependent did not relocate in connection with a PCS,
she is not authorized DLA at the with-dependent rate.
A1PA notes that the JFTR U5200, paragraph entitled, PURPOSE
prescribes a dependent's travel and transportation allowances
incident to a PCS move and under unusual or emergency
circumstances. Furthermore, JFTR U5201B3 states that dependent
travel and transportation allowances are not payable for
dependent travel between points otherwise authorized in this
paragraph to a place at which they do not intend to establish a
permanent residence (including pleasure trips). Per JFTR
U5610Al, a member with a dependent(s) is authorized a DLA when
the dependent(s) relocates in connection with a PCS.
Although the PCS orders from Sheppard AFB TX reflect an
authorization for dependent travel to Maxwell-Gunter AL, the
fact is that the dependent never formally/permanently resided at
the permanent duty station of Sheppard AFB TX. Based on the
application and supporting documents, it appears that at most,
the dependent spouse made occasional visits, the most notable of
which was to assist with packing up for the military sponsor's
move from Sheppard to Maxwell Gunter.
The complete A1PA evaluation, with attachments, is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 31 Mar 13 for review and response. 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 error or injustice. After careful
consideration of applicant's request and the available evidence
of record, we find insufficient evidence of error or injustice
to warrant corrective action. The facts and opinion stated by
the Air Force office of primary responsibility appear to be
based on the evidence of record and have not been adequately
rebutted by the applicant. Absent convincing evidence the
applicant has been denied rights to which entitled, appropriate
directives were not followed, or appropriate standards were not
applied, 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-2012-04911 in Executive Session on 27 Aug 13, under
the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 5 Oct 12, w/atchs.
Exhibit B. Letter, AF/A1PA, dated 21 Mar 13, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 31 Mar 13.
Panel Chair
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