RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-03022	
			COUNSEL:  NONE
   			HEARING DESIRED:  NO

________________________________________________________________ 

APPLICANT REQUESTS THAT:

She be reimbursed $1,293.13 to offset Temporary Lodging Expenses 
(TLE) incurred with her Permanent Change of Station (PCS) 
assignment to Ramstein Air Base (AB), Germany.

________________________________________________________________ 

APPLICANT CONTENDS THAT:

On 2 Jul 12, she received PCS orders to Ramstein AB, GE with a 
Report Not Later Than Date (RNLTD) of 31 Jul 12.

On 14 Jul 12, she moved into temporary lodging and her scheduled 
port call was 19 Jul 12. 

As an Enlisted Aide to the then Air Force Vice Chief of Staff, 
(VCSAF) and the Commander, United States Air Forces Europe 
(USAFE/CC) nominee, she was not allowed to PCS until both the 
new VCSAF and USAFE/CC were confirmed.  Because the political 
process delayed the confirmation, she was not allowed to PCS. 
She was forced to incur out of pocket lodging/subsistence costs 
beyond which she was compensated. 

In support of her request, the applicant provides copies of 
letters from the Department of Hearing and Appeals (DOHA) and 
Defense Finance and Accounting Service (DFAS), e-mail 
communique, Memorandum for Record (MFR) from the VCSAF, and 
various other documents associated with her request.  

The applicant’s complete submission, with attachments, is at 
Exhibit A.

________________________________________________________________ 

STATEMENT OF FACTS:

The applicant is currently serving on active duty in the Regular 
Air Force.  

According to AF Form 899, Request and Authorization for 
Permanent Change of Station – Military, dated 2 Jul 12, she was 
scheduled to depart for Ramstein AB, GE with a RNLTD of 31 Jul 
12. 
According to AF IMT 973, Request and Authorization for Change of 
Administrative Orders, dated 30 Jul 12, her RNLTD was changed 
from 31 Jul 12 to 10 Aug 12.  

In an undated letter, the Air Force VCSAF prepared a MFR stating 
the applicant required temporary lodging from 14 Jul 12 to 
31 Jul 12.  He stated the extra expense was due to the delay in 
confirmation and subsequent movement of USAF general officers.

The Joint Base Andrews NAF, MD Force Support Squadron (FSS) 
provided the applicant an undated letter titled “Reimbursement 
for TDY Accommodation for Non-Availability Letter.” The letter 
states that government quarters were not available from 14 Jul 
12 to 31 Jul 12 and that she was authorized reimbursement for 
lodging accommodations.

According to a lodging receipt provided by the applicant, she 
stayed at the Residence Inn by Marriott, National Harbor, MD, 
from 14 Jul to 23 Jul 12 and paid a total of $1764.36.  The 
second receipt reflects from 23 Jul to 31 Jul 12, she paid 
$1568.32 for a total of $3,332.68 for both periods.  

According to DD Form 1351-2, Travel Voucher or Subvoucher, dated 
18 Oct 12, the applicant departed Washington Dulles Airport on 
31 Jul 12 and on 1 Aug 12, arrived at Ramstein AB, GE.  

According to a letter from DOHA dated 10 Apr 13, Payment of TLE 
is authorized by 37 U.S.C. § 474a and implementing instructions 
are found in the Joint Federal Travel Regulation (JFTR), Chapter 
5, which limits TLE to five days for a PCS to Overseas, 
Continental United States (OCONUS).  

According to a letter from DOHA dated 10 Apr 13, the applicant 
was reimbursed for five days of TLE and submitted a claim to 
DFAS for reimbursement of the additional amount of $1,293.13.  
In her request, she states that as an enlisted aide, her travel 
is linked to the general’s assignment and because he could not 
take command pending confirmation, her PCS was delayed 10 days 
beyond her control.

In a letter dated 11 Feb 13, DFAS disapproved the applicant’s 
request for reimbursement In Accordance With (IAW) the JFTR, 
Chapter 5, paragraph U5710-A2, which states, “TLE reimbursement 
is limited to five days for a member who PCS’s to an OCONUS 
Permanent Duty Station (PDS).”  There are no provisions in the 
regulation that allow for an increase in TLE for a PCS to an 
OCONUS PDS.

In an undated letter, the applicant appealed to DOHA who under 
31 U.S.C. § 3702(a), settles travel and transportation claims of 
members of the Armed Forces. 

On 10 Apr 13, DOHA denied her appeal for the additional 
reimbursement of $1,293.13 for lodging costs associated with her 
PCS.  DOHA noted the undated MFR signed by the VCSAF stating the 
applicant required temporary lodging for the period of 14 to 
31 Jul 12.  However, DOHA stated there is no authority to pay 
TLE, or any other entitlements, in addition to the amount 
already paid.

________________________________________________________________ 

AIR FORCE EVALUATION:

USAF/A1PA recommends denial.  There is no provision that allows 
extension of TLE.  The applicant should have received Basic 
Housing Allowance (BAH) upon checking out of government quarters 
until she began travel status which substantially offsets her 
current claim.  The applicant received $780.00 for TLE, 
$1,057.23 for Basic Housing Allowance (BAH) and $202.32 for 
Basic Allowance for Subsistence (BAS).  TLE cannot be extended 
beyond the five day period IAW JFTR U5710.  A request was 
submitted to the Secretary of the Air Force Financial Management 
Program office to determine if TLE could be extended, per diem 
could be authorized based on granting of additional travel time, 
or if Temporary Duty (TDY) allowances could be paid while the 
applicant was assigned to the Pentagon prior to PCS.  The 
results of the inquiry were that TLE could not be extended 
beyond five days IAW JFTR U5710, additional travel time could 
not be granted as the applicant was not in a travel status and 
TDY allowances are not authorized since the applicant was not in 
a TDY status in conjunction with the PCS.  Furthermore, the 
applicant does not provide any facts concerning whether she was 
counseled regarding the five day limit of TLE or whether she 
attempted to return to local military facilities to obtain 
government lodging at any of the multiple military on-base 
lodging facilities convenient to the Pentagon.  

The complete A1PA evaluation is at Exhibit C.  

________________________________________________________________ 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 6 Sep 13 for review and comment within 30 days 
(Exhibit D).  As of this 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 injustice warranting 
corrective action.  In this respect, we note the applicant 
requests reimbursement for additional lodging expenses in the 
amount of $1,293.13 to offset the TLE associated with her PCS 
assignment to Germany.  She contends that her PCS assignment as 
an enlisted aide was placed on hold due to delayed congressional 
confirmations of general officers.  Consequently, she was not 
allowed to PCS and was forced to incur out-of-pocket costs 
beyond which she was compensated.  In support of her request, 
she provides an undated letter signed by the VCSAF that 
corroborates her claim that she incurred additional expenses for 
temporary lodging from 14 Jul to 31 Jul 12.  She also provides 
an undated letter from the FSS at Joint Base Andrews authorizing 
lodging accommodations for the same period.  After carefully 
considering all the facts and circumstance in this case, it 
appears the applicant, through no fault of her own, incurred 
additional expenses due to the delay in the confirmation and 
subsequent movement of USAF general officers.  While we note the 
Air Force OPR recommends denial stating there is no provision 
that allows for extension of TLE, we find the letter signed by 
the VCSAF requesting TLE for the applicant coupled with the non-
availability letter issued for government quarters sufficient to 
grant the requested relief.  Accordingly, we recommend the 
applicant’s records be corrected as indicated below.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air 
Force relating to APPLICANT be corrected to show that she was on 
temporary duty from Bolling AFB, DC, to Wright Patterson AFB, 
OH, with return to Bolling AFB, DC, from 1 to 5 Jun 12 (1 and 
5  Jun travel dates) and she is entitled to reimbursement in the 
amount of $1,295.50 for travel and per diem.

________________________________________________________________

The following members of the Board considered Docket Number BC-
2013-03022 in Executive Session on 24 Apr 14, under the 
provisions of AFI 36-2603:

     , Chair
     , Member
     , Member



 
All members voted to correct the records as indicated.  The 
following documentary evidence in Docket Number BC-2013-03022 
was considered: 

    Exhibit A.  DD Form 149, dated 8 May 13, w/atchs.
    Exhibit B.  Applicant’s Master Personnel Records. 
    Exhibit C.  Letter, USAF/A1PA, dated 13 Aug 13.
    Exhibit D.  Letter, SAF/MRBR, dated 6 Sep 13.