RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00745
		INDEX CODE:  128.00

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

She be reimbursed for the cost of lodging incurred while on active duty.

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APPLICANT CONTENDS THAT:

When she was placed on active duty orders her Home of Record (HOR) was considered within commuting distance of her duty station and she was consequently not eligible to receive per diem and lodging entitlements.  In January 2003, she changed her HOR to XXXXX,that placed her outside the commuting area and entitled her to per diem and lodging.  She was led to believe that once her orders were amended to reflect the XXXXX, HOR she would begin receiving her entitlement.  Because of this understanding, on 14 January 2003, she rented a property closer to the base.  After a month, she was informed that her orders could not be amended because they were mobilization orders.  She feels that she was miscounseled and, as a result, has accumulated $1,532.02 in lodging expenses that she is now expected to pay out of pocket.  

In support of her appeal the applicant has provided a personal statement, a letter of support from the Finance office at her home station, copies of several emails between her and her home station Finance office, and copies of lodging receipts.

Her appeal, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

She was involuntarily mobilized with the XXXth Red Horse Squadron from 23 June 2002 through 22 June 2003 to perform duty at her home station in support of Operation Enduring Freedom.  Her orders indicated that her HOR was within commuting distance and that the member would commute.  As such, she would not be entitled to per diem or lodging.  Her orders were amended on 30 June 2002 extending her active duty tour through 30 March 2003 and subsequently placed on additional orders from 31 March 2003 to 29 April 2003.

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AIR FORCE EVALUATION:

ANG/DPP recommends denial.  In accordance with Joint Federal Travel Regulation (JFTR), SAF/FM, and HQ USAF/DPFJ policy, mobilization orders shall not be amended for the purpose of changing the members’ HOR/Place of Entry on Active Duty (PLEAD) except to correct errors that occurred at the time the orders were issued.  HOR/PLEAD cannot be amended for the purpose of increasing entitlements as they are established on the effective date of the orders.  They note the home station comptroller advised the applicant she was not entitled to per diem and lodging costs in February 2003.  The comptroller is unable to confirm or deny the information the applicant claims to have been provided earlier by his staff.  He has, however, reiterated this guidance to his staff members.

DPP’s complete evaluation, with attachments, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air National Guard evaluation was forwarded to the applicant on 12 September 2003 for review and comment within 30 days.  As of this date, no response has been received by this office.

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THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all 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.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  When placed on active duty orders, the applicant’s HOR was within commuting distance of her duty station and she was not entitled to lodging or per diem.  The Joint Federal Travel Regulation (JFTR) and other pertinent policy prohibit’s the amendment of an HOR under any circumstance unless it was originally inputed in error.  Applicant contends that she was informed that when she changed her HOR she was entitled to lodging entitelments.  However, we are not persuaded by the evidence submitted that she was in fact miscounseled.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered AFBCMR Docket Number BC-2003-00745 in Executive Session on 28 October 2003, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 27 Feb 03, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ANG/DPP, dated 28 Aug 03, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 12 Sep 03.

                                   
                                   Panel Chair