RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-05852
		
		COUNSEL:  NONE

		HEARING DESIRED:  NO



APPLICANT REQUESTS THAT:

1.  Her Date Arrived Station (DAS) at Seymour Johnson Air Force Base (SJAFB), NC be changed from 6 Jun 13 to 3 May 13.  

2.  The 33 days of leave she was charged in conjunction with her Permanent Change of Station (PCS) from Keesler AFB, MS to SJAFB, NC be restored.



APPLICANT CONTENDS THAT:

She arrived at her new duty station, SJAFB, NC, on 3 May 13, but due to lack of effort from the SJAFB Military Personnel Section, and the incorrect guidance she received from the assignments offices at Keesler AFB and SJAFB, she was prevented from in-processing until 6 Jun 13.  On 23 Apr 13, the day after her marriage, she applied for a Join Spouse assignment at SJAFB, but her application never appeared in the Military Personnel Data System (MilPDS).  On 22 May 13, after discovering her application had been lost, she completed a second Join Spouse application.  On 5 Jun 13, she finally received her amended orders changing her assigned duty location from Eglin AFB, FL to SJAFB, NC.  During the period 3 May 13 through 6 Jun 13, she was actively engaged in acquiring all the necessary paperwork to in-process.  She was unjustly charged 33 days of leave during this period, putting her in a negative leave balance.  

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



STATEMENT OF FACTS:

The applicant served in the Regular Air Force in the grade of Airman First Class (A1C) during the matter under review.

According to the documentation provided by the applicant:  

Under Special Order (SO) AG-034548, dated 14 Jan 13, the applicant was ordered Permanent Change of Station (PCS) to Eglin AFB, FL, with an Report No Later Than Date (RNLTD) of 30 Apr 13.  Her RNLTD was later amended to 8 Jun 13, through Order AG-055589, dated 6 Mar 13.

On 23 Apr 13, the applicant applied for a Join Spouse assignment at SJAFB, NC.  

On 22 May 13, the applicant filed a second application for a Join Spouse assignment at SJAFB, NC.

On 3 Jun 13, via Order AG-099313, her PCS assignment location was amended to read SJAFB, NC rather than Eglin AFB, FL.  

On 16 Jul 13, the applicant filed a DD Form 1351-2, Travel Voucher or Subvoucher, in conjunction with her PCS to SJAFB reflecting a date of departure from Keesler AFB, MS of 19 Apr 13 and a date arrived station at SJAFB, NC of 6 Jun 13.  

The remaining relevant facts pertaining to this application are described in the memoranda prepared by the Air Force offices of primary responsibility (OPR), which are included at Exhibits C and D.



AIR FORCE EVALUATION:

AFPC/DPAPP recommends changing the applicant’s DAS to 28 May 13 rather than the date she requested.  The applicant departed her technical training location on 19 Apr 13 in Temporary Duty (TDY) En Route status for a 12 day period in the Recruiters Assistance Program (RAP) in Hickory, NC.  Her projected assignment at the end of the RAP program was Eglin AFB, FL.  While in TDY status, she married another military member who was assigned to SJAFB, NC.  The applicant states that on 23 Apr 13, she requested a Join Spouse assignment to join her new husband at SJAFB.  The Join Spouse request was approved on 28 May 13.  Recommend the Board change the applicant’s DAS to SJAFB to reflect 28 May 13 since this is the day the Join Spouse assignment was approved by the Air Force Personnel Center (AFPC) and also this is the day the applicant was officially assigned to SJAFB.  

A complete copy of the AFPC/DPAPP evaluation is at Exhibit C.

AFPC/DPSIM recommends denial of the applicant’s request regarding her DAS, indicating there is no evidence of an error or injustice.  AFMAN 65-116V1, Defense Joint Military Pay System Active Component (DJMS-AC) FSO Procedures, paragraph 41.2.3.1.2.2. states “If the member takes leave in the local area of the new PDS (Permanent Duty Station) without contacting the Commander/Unit, the leave is charged from the travel voucher and the DAS is the first duty day after the leave period when the member is actually available for duty.”  The travel voucher the applicant provided states she did not arrive or was not available for duty until 6 Jun 13.  Therefore, her correct DAS is 6 Jun 13.  If she was available and reported to duty prior to 6 Jun 13, she should have stated differently on her travel voucher.  

Concerning her request for leave reimbursement, in accordance with AFI 36-3003, Military Leave Program, paragraph 4.11.11, “Travel Time with En Route Leave.  The time allowed for PCS or TDY travel is not chargeable leave when members take En Route leave.  The FSO charges leave for any authorized absence in excess of allowable travel time and proceed time, if applicable.”  According to the applicant’s application for RAP she participated in RAP during the period 22 Apr 13 through 3 May 13.  She first applied for Join Spouse on 23 Apr 13, but it was not updated in MilPDS.  She then reapplied for Join Spouse on 22 May 13.  On 3 Jun 13, the applicant received amended PCS orders changing her assignment location to SJAFB, NC.  The applicant’s associated travel voucher shows she:

	a.  Departed Keesler AFB, MS on 19 Apr 13.

	b.  Arrived at her TDY/leave location at Miller Creek, NC on 21 Apr 13. 

	c.  Departed Miller Creek, NC on 3 May 13.
	
	d.  Arrived at SJAFB, NC on 6 Jun 13.  

The applicant’s Master Military Pay Account (MMPA) reflects that the applicant took 12 days of RAP leave during the period 21 May 13 through 1 Jun 13 and 32 days of Leave En Route during the period 19 Apr 13 through 30 May 13.  Based upon the applicant’s supporting documentation she used more than the allotted time to travel for a PCS, so she should be charged for those dates.  

A complete copy of the AFPC/DPSIM evaluation is at Exhibit D.



APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 19 Jul 14 for review and comment within 30 days (Exhibit E).  As of this date, no response has been received by this office.





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 partial relief.  After a thorough review of the evidence of record and the applicant’s complete submission, we believe a preponderance of the evidence indicates that some corrective action is warranted.  While the board acknowledges the comment from AFPC/DPSIM indicating that in accordance with the applicable leave guidance the Date Arrived Station (DAS) is the first duty day after the leave period when the member is actually available for duty, we believe that since the applicant’s first application for a join spouse assignment was not acted upon causing her to apply a second time, and she was physically in the local area of her new duty station but was not authorized to sign-in from leave until she received official orders, we believe a preponderance of the evidence substantiates that corrective action is warranted.  Therefore, we agree with the opinion and recommendation of AFPC/DPAPP and adopt its rationale as the basis for our conclusion the applicant’s records should be corrected to reflect that her DAS at Seymour Johnson Air Force Base, North Carolina of was 28 May 13 since that was the first day she was officially assigned to said installation.  We note this correction will result in the applicant gaining some, but not all, of her leave back.  However, in our view, the corrections noted above represent full and fitting relief.  Therefore, we recommend the applicant’s records be corrected to the extent indicated below.  



THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show her date arrived station at Seymour Johnson Air Base, North Carolina was 28 May 2013 instead of 6 June 2013, and as a result she was charged 24 days leave instead of 32 days in conjunction with her permanent change of station to Seymour Johnson AFB, SC.  



The following members of the Board considered AFBCMR Docket Number BC-2013-05852 in Executive Session on 13 Nov 14 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member
All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-05852 was considered:

	Exhibit A.  DD Form 149, dated 20 Dec 13, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPAPP, dated 14 Jan 14.
Exhibit D.  Memorandum, AFPC/DPSIM, dated 3 Jun 14, w/atchs.
	Exhibit E.  Letter, SAF/MRBR, dated 19 Jul 14.