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AF | BCMR | CY2012 | BC-2012-04911
Original file (BC-2012-04911.txt) Auto-classification: Denied
                       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 applicant’s 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 
applicant’s 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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