RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02325 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: In two separate DD Form 149s, the applicant makes the following requests: 1. He be given service credit and pay and allowances for two days travel time after completion of an active duty tour in Jul 2008. 2. He be given service credit and pay and allowances for one travel day following the completion of his tour of active duty in Nov 2009. ________________________________________________________________ APPLICANT CONTENDS THAT: He addressed the issues regarding his Jul 2008 and Nov 2009 travel with the Air Force Reserve Command (AFRC) and AFRC addressed these issues with HQ AF/AI, which concluded that he should have been credited for these days in accordance with the Joint Federal Travel Regulation (JFTR). While acknowledging the error, AFRC advised that the system precluded the changes necessary to correct his records. He was advised to contact the Air Force Board for Correction of Military Records (AFBCMR) to request a correction of his military records to reflect active duty credit for two days of return travel in Jul 2008 and one day return travel on 1 Nov 2009. In support of his request, the applicant provides copies of electronic communiqués, active duty orders and travel vouchers. The applicant's complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant retired from the Air Force Reserves as a colonel. The remaining relevant facts pertaining to this application are included in an electronic communiqué prepared by the Air Force office of primary responsibility at Exhibit B. ________________________________________________________________ AIR FORCE EVALUATION: AFRC/JAR recommends approval of the applicant’s request for credit of his travel days on 4-5 Jul 2008. His temporary duty (TDY) was complete on 3 Jul 2008, and his travel days back to XXXXXXX, Virginia took place on 4-5 Jul 2008. JAR states they were unable to modify his orders since they were not within the current fiscal year. They coordinated with HQ AF/A1 regarding the request. A1 was unable to modify the orders since they were not within the current fiscal year, consequently they advised the applicant to request a change of orders through the AFBCMR. HQ AFRC/JAR recommends denial of the applicant’s request for credit of one travel day following completion of his active duty tour at Ramstein AB, Germany ending in Oct 2009. JAR states the applicant was directed to end his tour and complete his travel from Ramstein AB, Germany within the dates of the tour (1 to 31 Oct 2009). Both his orders and his Command Man-day Allocation System (CMAS) authorization directed him to complete travel during the tour ending 31 Oct 2009. The applicant worked a man-day tour at Ramstein AB, Germany from 1 through 31 Oct 2009 (CMAS request # 1230133). This was actually an extension from the previous fiscal year. He began his TDY at Ramstein AB, Germany on his first set of orders from 4 Jul 2009 through 30 Sep 2009 (CMAS# 1182103). Prior to these dates, he worked a man-day tour at Spangdahlem AB, Germany from 1 Jan 2009 to 3 Jul 2009. This totaled 304 consecutive days in the United States Air Forces Europe (USAFE). JAR states they had to enforce at least a one day break in service between the USAFE tours and his upcoming tour to Andrews AFB on 2 Nov 2009. One of their concerns is that he could have potentially carried over 25 days of leave from the USAFE tour and used that leave while at Andrews AFB, under a different MAJCOM. JAR states, in an email communiqué, they made it very clear to the applicant that he had to complete his travel from Ramstein to the District of Columbia by 31 Oct 2009, and that he had to have a break in his orders on 1 Nov 2009 before his next tour started on 2 Nov 2009. The complete HQ AFRC/JAR evaluations, with attachments, are at Exhibits B and E. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS: The applicant responded to the email advisory, dated 2 Apr 2012 by stating that since AFRC/JAR and AF/A1, have no objection to crediting him for 4 and 5 July 2008 as travel days, he has no additional comments regarding the advisory opinion. As to his request regarding 1 Nov 2009, this is not so much about a single day as it is about how senior leadership at AFRC/JA deferred responsibility for management of the reserve judge advocate program to an officer who executed the program, created policy inconsistent with the rest of the active and reserve force, and interpreted Air Force (AF), AF Reserve Command and DoD issuances in a way that discriminated against Air Force reserve judge advocate members. It is his position that neither Lt Col S, nor AFRC/JA has the authority to implement policy or interpretations inconsistent with superior issuances. In his case, and he is sure many others, Lt Col S and AFRC/JA ignored official guidance and simply did what they found easier, more convenient, or personally satisfying - despite the existence of an authorized and straight-forward manner of achieving the goals Lt Col S articulated in his first request and now asserts in his response to the Board. AFRC/JAR simply cannot unilaterally impose a requirement inconsistent with the JFTR that requires all reserve members travelling on orders issued through their office to complete the tour and travel by the end date specified in the travel order and to perform all travel in a single day regardless of actual duration of the travel. The rules regarding travel entitlements are found in the JFTR. The JFTR authorizes one travel day for this return trip from Germany to his home in XXXXXXX. Extracts from the JFTR are provided for the Board. The JFTR provides that return travel should begin the day following completion of the tour and the calculation of authorized travel days depends on the actual duration of the travel using the most expeditious method available - which does not require travel between 2400 and 0600. This is the manner prescribed by the JFTR and the manner all TDY orders have been interpreted in his 12 years on active duty and 15 years of civilian service during which he travelled several hundred times. The order which is involved in his request for credit for 1 Nov 2009 specified an end date of 31 Oct 2009, he could not arrange travel on 31 Oct 2009 after performing duty that day that did not involve travel between 2400 and 0600, therefore, he travelled on the day following completion of the tour. He was not required to be at his Permanent Duty Station (PDS) the morning after the TDY assignment ended – his PDS/unit of attachment at the time was DoD General Counsel. In accordance with the JFTR, he should be entitled to credit for Sunday, 1 Nov 2009, as a day of travel from Germany to his home in Virginia. His tour continued mostly as planned, but like many best-laid plans, they changed. To complete his assignments properly and tidy up administrative loose ends regarding his household goods, he worked on Saturday, 31 Oct 2009, and travelled on 1 Nov 2009. He has attached several emails sent from his office on Ramstein AB on Saturday, 31 Oct 2009, including one sent to one of Lt Col S's subordinates requesting help with the accounting code needed to ensure shipment of his household goods (attachment 3). If more evidence of the level of effort exerted in his last week at 3AF/JA would be helpful, he will gladly provide that to the Board. Under these circumstances, he believes the JFTR, and all applicable AF, AFRC and DoD guidance, provides that he should be credited for 1 Nov 2009 as a day of travel. The applicant’s complete response, with attachments, is at Exhibits D and G. ________________________________________________________________ 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 an error or injustice. After a thorough review of the evidence of record and careful consideration of the applicant's contentions, we are not persuaded that he has been the victim of an error or injustice. We note that the Air Force office of primary responsibility recommends denial of the applicant’s request for one day in Nov 2009, yet recommends approval for the period 4 - 5 Jul 2008. However, we disagree with their recommendation to partially approve his request and it is our opinion the applicant is not entitled to any relief. In this respect, we note that both of the applicant’s TDY orders directed his travel be completed no later than 3 Jul 2008 and 31 Oct 2009 respectively. Although the applicant has provided evidence that he travelled after the end dates of his order, other than his own uncorroborated assertions, he has not provided any evidence to show that he was authorized travel beyond the dates specified in his travel orders. Therefore, absent persuasive evidence that he was authorized by competent authority to travel beyond the dates specified in his travel orders, we find no basis to recommend granting the relief sought in this application. ________________________________________________________________ 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. ________________________________________________________________ The following members of the Board considered Docket Number BC- 2011-02325 on 1 May 2012, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 21 Jun 2011 and 26 Jul 2012, w/atchs. DD FORM 149, dated 26 Jul 2011, w/atchs Exhibit B. Email, AFRC/JAR, dated 1 Mar 2012 . Exhibit C. Letter, SAF/MRBR, dated 2 Mar 2012. Exhibit D. Rebuttal, Applicant, dated 29 Mar 2012, w/atchs. Exhibit E. Email, AFRC/JAR, dated 2 Apr 2012. Exhibit F. Email, SAF/MRBC, dated 4 Apr 2012. Exhibit G. Email, Applicant, dated 4 Apr 2012. Exhibit H. Email, SAF/MRBC, dated 5 Apr 2012. Exhibit I. Email, Applicant, dated 5 Apr 2012.