Search Decisions

Decision Text

AF | BCMR | CY2014 | BC 2014 01234
Original file (BC 2014 01234.txt) Auto-classification: Approved
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2014-01234
		
		COUNSEL:  NONE

		HEARING DESIRED:  NO



APPLICANT REQUESTS THAT:

His Permanent Change of Station (PCS) orders, Special Order AG-
079321, dated 29 Apr 13, be corrected to reflect "Unaccompanied, 
Dependent Restricted" rather than "Unaccompanied.”


APPLICANT CONTENDS THAT:

He was informed that his tour to Lajes Field, Azores was a 
dependent restricted tour.  He was erroneously misled to believe 
his dependents were restricted from accompanying him on his 
assignment and unjustly denied family separation allowance 
(FSA).

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


STATEMENT OF FACTS:

The applicant is currently serving in the Regular Air Force in 
the grade of Master Sergeant (E-7).

On 29 Jan 13, the applicant received an email notification he 
was selected for a 12 month unaccompanied tour at Lajes Field, 
Azores.

The remaining relevant facts pertaining to this application are 
described in the letter prepared by the Air Force office of 
primary responsibility (OPR), which is included at Exhibit C.


AIR FORCE EVALUATION:

AFPC/DPAPP recommends approval of the applicant's claim.  The 
applicant was solicited and subsequently selected for the noted 
assignment with the information that his dependents would not be 
authorized to travel with him and that the tour would only be 
for 12 months.  The tour length for Lajes Field, Azores was 
changed to a dependent restricted tour on 9 Aug 13.  Prior to 
that date, Airmen were authorized to either elect the 15 month 
unaccompanied tour, or the 24 month accompanied tour.  Since the 
applicant reported to Lajes Field prior to 9 Aug 13, he should 
have been afforded the opportunity to serve an accompanied tour.  
However, the tour was advertised as a dependent restricted tour 
even though DoD had not formerly changed the tour length.  Based 
on the erroneous information provided by both AFPC and his AFOSI 
leadership, and in view of the fact the applicant was 
erroneously led to believe that his dependents could not 
accompany him on his overseas tour, his PCS orders should be 
corrected to reflect "Unaccompanied, Dependent Restricted," 
instead of “Unaccompanied,” which will cause him to be entitled 
to FSA based on the tour being dependent restricted.  

A complete copy of the AFPC/DPAPP 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 28 Jul 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 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.  We took 
notice of the applicant's complete submission in judging the 
merits of the case and agree with the opinion and recommendation 
of the Air Force office of primary responsibility (OPR) and 
adopt its rationale as the basis for our conclusion the 
applicant has been the victim of an error or injustice.  
Therefore, 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 the APPLICANT be corrected to show that his 
Permanent Change of Station (PCS) order, Special Order AG-
079321, dated 29 Apr 13, be corrected to reflect "Unaccompanied, 
Dependent Restricted," instead of “Unaccompanied,” and that he 
be authorized Family Separation Allowance (FSA) during this 
assignment based on the noted correction.

The following members of the Board considered AFBCMR Docket 
Number BC-2014-01234 in Executive Session on 29 Jan 15, under 
the provisions of AFI 36-2603:

	
All members voted to correct the records as recommended.  The 
following documentary evidence pertaining to AFBCMR Docket 
Number BC-2014-01234 was considered:

	Exhibit A.  DD Form 149, dated 10 Mar 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPAPP, dated 16 Apr 14.
	Exhibit D.  Letter, SAF/MRBR, dated 28 Jul 14.

Similar Decisions

  • AF | BCMR | CY2013 | BC 2013 01907

    Original file (BC 2013 01907.txt) Auto-classification: Approved

    ________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: SAF/MRBP recommends partial relief by remitting $27,297.83 of the debt, disapproving remission of the remaining $1,604.65 of the debt, and order collection of the debt at the rate of $98.93 per month until the debt is paid. The evidence indicates the applicant was erroneously advised by the local finance office regarding his entitlements while assigned to Lajes AFB. The Remission Board found...

  • AF | BCMR | CY1999 | 9801734

    Original file (9801734.doc) Auto-classification: Approved

    She requested a waiver for the FSA and a letter, dated 29 May 1998 indicated that the policy that a member is not entitled to the FSA was waived. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that she requested, and a competent authority approved, a Secretarial waiver authorizing payment of Family Separation Allowance, Type II (FSA-II)...

  • AF | BCMR | CY2008 | BC-2007-02162

    Original file (BC-2007-02162.DOC) Auto-classification: Denied

    On 30 May 2006, an AF Form 1466, Request for Family Member's Medical and Educational Clearance for Travel was disapproved for his dependant son because of "non-availability of a speech therapist provider in Bangkok." It appears that because the applicant's dependents were not command-sponsored in the Philippines and never received clearance for travel to Thailand, he was not authorized or entitled to any of the allowances or entitlements he is requesting. Exhibit C. Letter, SAF/MRBR, dated...

  • AF | BCMR | CY2001 | 0002777

    Original file (0002777.doc) Auto-classification: Approved

    Therefore, at the time of his PCS the member’s weight allowance for the shipping of HHGs was 4,225 pounds, plus 1,100 pounds of UB. There has been no evidence submitted to show that he informed the destination site that his shipment exceeded the weight allowed for the shipping of his HHGs, nor did he request to have his shipment reweighed. A complete copy of the Air Force evaluation is attached at Exhibit C. _________________________________________________________________ APPLICANT'S...

  • AF | BCMR | CY2002 | 0201379

    Original file (0201379.doc) Auto-classification: Approved

    The information states that pets are permitted entry into the Azores provided they receive a certificate of rabies vaccination at least 30 days and not more that 12 months before departure. According to AFPC/DPSFM, the applicant was provided a copy of the PPCI, which clearly outlined the requirements for taking pets to the Azores. ROSCOE HINTON, Jr. Panel Chair AFBCMR 02-01379 MEMORANDUM FOR THE CHIEF OF STAFF Having received and considered the recommendation of the Air Force Board for...

  • AF | BCMR | CY1999 | 9803380

    Original file (9803380.pdf) Auto-classification: Approved

    2 Since -was authorized dependent travel to the overseas area, his entitlement to FSA and FSH is determined by the reasons for the Early Return of Dependents. ed upon justifiable medical advice, requested his dependents be returned to the TR, Par U5240-D, Return of Dependents from OCONUS Due to Personal Situations. 7A states that entitlement to FSA and FSH does not accrue if are returned for the reasons specified in JFTR, Par U5240-D.

  • AF | BCMR | CY1998 | 9800896

    Original file (9800896.pdf) Auto-classification: Approved

    Had he properly reviewed his OPB at that time, he could have written a letter to the CY97C board president to ensure the information was present for the CY97C board's review - especially if the PME entry was important to his promotion consideration. A complete copy of the Air Force evaluation is attached at Exhibit C . The Air Force has indicated that the entry for the Brazilian PME course was missing from the applicant's Officer Selection Brief (OSB) reviewed by the CY97C board.

  • AF | BCMR | CY2003 | BC-2002-02863

    Original file (BC-2002-02863.doc) Auto-classification: Denied

    At that time, an Air Force Form 1466 (Medical and Educational Clearance for Travel) was initiated, which officially prevented his son from joining him at his duty station until the required medical care was available or his son no longer needed such care. _________________________________________________________________ AIR FORCE EVALUATION: HQ USAF/DPPCC recommends that the applicant’s request for FSA be denied. Specifically, the applicant states 37 U.S.C., Section 427(c)(2), authorizes...

  • AF | BCMR | CY1998 | 9800784

    Original file (9800784.pdf) Auto-classification: Approved

    DEPARTMENT OF THE AIR FORCE WASHINGTON, DC JUN 8 0 898 Office of the Assistant Secretary AFBCMR 98-00784 MEMORANDUM OF CONSIDERATION OF APPLICATION BGFORE THE AFBCMR SUBJEC -'. fl Having carefully reviewed this application, we agree with the recommendation of the Air Force Evaluation and adopt the rationale expressed as the basis for our decision that the applicant has been the victim of either an error or an injustice. f Panel Chair Attachment: Ltr, HQ USAFDPPC, dtd 1 Apr 98 DEPARTMENT OF...

  • AF | BCMR | CY2007 | BC-2006-02563

    Original file (BC-2006-02563.doc) Auto-classification: Approved

    AF/A1SF concurs with the applicant’s request; however, they are unable to provide the relief equitable to those members who traveled under the concurrent travel rules since the concurrent travel authorization initiated outside Air Force channels and no legal authority exists to make this a retroactive designation. At the time of the applicant’s relocation, Keesler AFB was designated as a “critical housing” area due to Hurricane Katrina. Exhibit C. Letter, AFBCMR, dated 18 Jan 07.