APPLICANT REQUESTS:  Correction of her military records to show that she is entitled to reimbursement of monies, as an exception to policy, involving the permanent change of station “dity” move of her family members prior to her possession of written orders.

APPLICANT STATES:  In effect, that she departed the Washington, D.C. area for Birmingham, Alabama, on 4 May 1995 due to the death of her father; that she was instructed by a member of the “Compassionate Reassignment Branch,” U.S. Total Army Personnel Command (PERSCOM), to sign into the recruiting command there; that she was attached on orders; that she asked the member of the “Compassionate Reassignment Branch” if she should move her family members at that time; that she was told that she could; that she also was told that her compassionate reassignment orders would be forthcoming; that she was told that she would be reimbursed; that, when she returned to this area to accomplish her move out of the housing area, she was told that her action had been found unfavorable; that she again was informed by the member of the “Compassionate Reassignment Branch” that she should go ahead and relocate her family members to Birmingham; that she was told to resubmit her packet; that she again was told that she would be receiving her orders; that her request was unfavorably considered again in October 1995; and that she submitted a request for assignment to Fort Huachuca, Arizona, but got orders to go to a short tour to Korea on 5 February 1996.

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant was born on 14 June 1951.  She completed 12 years of formal education.  On 26 February 1977, she enlisted in the U.S. Army Reserve, in pay grade E-1, for 3 years.  On 21 October 1977, she enlisted in the Regular Army, in pay grade E-1, for 3 years.  Her Armed Forces Qualification Test score was 68 (Category II).  She has remained on active duty through subsequent reenlistments.  At the time of her last reenlistment on 2 June 1994 for 3 years, she had completed 16 years, 7 months, and 11 days 
active military service, and 7 months and 25 days inactive military service.  Her military occupational specialty is 74C (Record Telecommunications Center Operator).

Orders, dated 20 September 1994, reassigned the applicant from Europe to the Pentagon, with a reporting date of 25 October 1994.

Orders, dated 11 May 1995, issued by Headquarters, Fort McPherson, Georgia, attached the applicant to the U.S. Army Recruiting Battalion (USARB), Montgomery, Alabama, with duty in Birmingham effective 12 May 1995 for an indefinite period for the purpose of stabilizing extreme family problems.  The orders also indicated that the attachment was permissive; that per diem and travel allowance were not authorized; and that all travel time to and from her assigned duty station would be charged as ordinary leave.

A truck rental agreement indicated that the applicant rented a trunk for the period 10-14 July 1995 at Fort Belvoir, Virginia; that the destination was Birmingham, Alabama; and that the cost was $739.03.

Orders, dated 12 October 1995, released the applicant from attachment at the USARB, Montgomery, to return to her parent unit at the Pentagon effective 5 October 1995.

Orders, dated 5 February 1996, reassigned the applicant from the Pentagon to Korea, with a reporting date of 10 April 1996.  A First Endorsement, dated 15 March 1996, indicated that the applicant’s arrival date was 14 March 1996, and that she was further reassigned to a unit in Korea.

A review of the applicant’s Official Military Personnel File by a staff member of the Board indicates that she has had several permanent change of station moves during her military career, to include Fort Gordon, Georgia, Europe, and the Pentagon.



A staff member of the Board was informally advised by the authorities at the Special Actions Branch, PERSCOM, that the applicant first contacted them based on her father’s condition; that she was advised to go to the nearest military organization for attachment; that it was their understanding that the applicant was contacting them from Milwaukee, Wisconsin, where the problem was; that the applicant was actually in Alabama; that she was not told that she could be attached indefinitely; that she never was advised to relocate her family to Birmingham on a permanent basis; that the applicant indicated to them that her family had no place to live in the Military District of Washington when apparently they were in quarters; that, when the applicant applied for a compassionate reassignment, her father had died and she cited the medical condition of her mother; that her mother, who lived in Milwaukee, did not have a life expectancy of less than 12 months; that the applicant’s request for a compassionate reassignment to the Georgia/Alabama area was disapproved; that this was the first that it became apparent that the applicant was not located where the problem was; that the applicant was told that, if her mother was terminal, it might be a basis for a compassionate reassignment; that, when the applicant resubmitted, she still wanted to go to the Georgia/Alabama area, and she indicated that she had no way to move her mother in Wisconsin; that her request for a compassionate reassignment was denied again; that the applicant contacted and gave partial stories to three different people there; that the applicant consistently gave only enough information, or provided half-truths, in an attempt to gain sympathy and obtain the answer that she desired; that she then alleged that she did not have the funds to return and began trying to work with others in PERSCOM to get herself moved to Birmingham; that the applicant did not have a compassionate need in Alabama; and that she was not made any promises by them. 

Facts relating to the applicant’s contentions regarding reimbursement for movement of her dependents before permanent change of station orders were issued are contained in an opinion (COPY ATTACHED) from the Defense Finance and Accounting Service (DFAS), which is incorporated herein and need not be reiterated.  The DFAS recommended no changes to the existing documentation as there appears to be no obvious errors to correct.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:

1.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

2.  It appears that the applicant attempted to manipulate the Department by trying to obtain a compassionate reassignment to the Georgia/Alabama area, especially when her mother was living in Wisconsin and was not in a terminal condition.

3.  Based on the available evidence, the Board is convinced that the applicant was not advised that her request for a compassionate reassignment would be approved, and that she was not advised by Departmental personnel to move her dependents prior to receipt of permanent change of station orders.

4.  Since the applicant had several prior permanent change of station moves and had over 17 years of active military service at the time of her “dity” move in July 1995, the Board concludes that it was the applicant’s personal choice to move her family members prior to receipt of permanent change of station orders.

5.  Based on the evidence of record, the Board concludes that there was no intent to issue permanent change of station orders taking her to Fort McPherson from the Washington, D.C. area.

6.  In view of the foregoing, there is no basis for granting the applicant’s request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

                       GRANT          

                       GRANT FORMAL HEARING

                       DENY APPLICATION




						David R. Kinneer
						Executive Secretary