RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-04998
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
He be credited $5399.01 for an overseas pay deduction.
APPLICANT CONTENDS THAT:
He incurred an Exceptional Family Member Program (EFMP)
assignment due to a dependents diagnosis of Leukemia, requiring
an immediate Permanent Change of Station (PCS) from Germany back
to the United States. He provided immediate notice to the
housing office and utility companies once orders became
available however; terminating the lease/utilities required a
30-day notice. He PCSd the same week he gave notice regarding
early termination of the lease and utilities. His overseas pay
was deducted for the month of the PCS as well as the following
month (required to break the lease).
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 30 Jul 06, the applicant was commissioned into the Regular
Air Force as a second lieutenant and was progressively promoted
to his current grade of captain.
On 9 Dec 11, he received authorization from the Department of
the Army, to reside in private rental housing during his PCS
assignment in Germany.
On 2 Jan 12, the applicant signed a lease agreement which stated
a 30-day notice of termination was required to break the lease
and associated utilities.
According to AF Form 899, Request and Authorization for
Permanent Change of Station Military, dated 13 May 13, he was
to report to his new commander not later than 31 May 2013. It
is also stated in #14 on the continuation sheet that his PCS was
an EFMP reassignment.
On 15 May 13, the Department of the Army Chief of Housing at his
location, recommended approval of his request to retain off post
housing beyond his PCS date. The memorandum also notified him
to seek separate approval authority for overseas housing and
cost of living allowances by consulting his servicing finance
office.
AIR FORCE EVALUATION:
DFAS-IND recommends denial indicating the applicant has not
exhausted all of his administrative remedies. While he received
approval from both his unit and housing authority to insure he
would not be delinquent in his financial responsibilities with
respect to housing, he needs to contact his local finance office
and provide supporting documentation so they may determine a
final decision on payment.
The complete DFAS-IND 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 21 Nov 14 for review and comment within 30 days
(Exhibit D). As of this date, no response has been received by
this office.
THE BOARD CONCLUDES THAT:
1. The applicant has not exhausted all administrative 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. In this
respect, we note this Board is the highest administrative level
of appeal within the Air Force. As such, an applicant must
first exhaust all available avenues of administrative relief
provided by existing law or regulations prior to seeking relief
before this Board, as required by the governing Air Force
Instruction. The Air Force office of primary responsibility has
reviewed this application and indicated there is an available
avenue of administrative relief the applicant has not first
pursued. In view of this, we find this application is not ripe
for adjudication at this level, as there exists a subordinate
level of appeal that has not first been depleted. Therefore, in
view of the above, we find no basis to recommend granting the
relief sought in this application.
THE BOARD DETERMINES THAT:
The applicant be notified that he has not exhausted all
available avenues of administrative relief prior to submitting
his application to the BCMR; and the application will only be
reconsidered upon exhausting all subordinate avenues of
administrative relief.
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2013-04998 was considered:
Exhibit A. DD Form 149, dated 20 Sep 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, DFAS-IND, undated.
Exhibit D. Letter, SAF/MRBR, dated 21 Nov 14.
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