RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-02627
		
   						COUNSEL:  NONE

						HEARING DESIRED: YES

APPLICANT REQUESTS:

He receive financial reimbursement of $4730.59 for his permanent change of station (PCS) relocation travel from Ramstein Air Base (AB), Germany to Little Rock Air Force Base (AFB), Arkansas.

APPLICANT CONTENDS:

The finance office at Little Rock AFB unjustly refused to reimburse him for his travel expenses because his amended orders were in error.  Through no fault of his own, Ramstein AB amended his travel orders, authorizing him Temporary Duty (TDY) en-route with associated per diem, rental car, and lodging expenses for the period of time he attended training.  However, the training was in the local area of his new permanent assignment to Little Rock AFB, so he should not have been authorized TDY entitlements.  He is now being denied reimbursement of the $4730.59 he spent based upon the faulty orders he was issued.  

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 captain during the matter under review. 

Under Order Number AH-034705, dated 15 Jan 14, the applicant was order to PCS from Ramstein AB, Germany to Little Rock AFB, AR.  

According to the documentation provided by the applicant, Order Number AF-0061, dated 12 Feb 14, amended Order Number AH-34705, and ordered the applicant to attend instructor pilot training as a TDY en-route to Little Rock AFB, AR. 

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

AIR FORCE EVALUATION:

AF/A1PA recommends partially granting the applicant’s request, indicating there is evidence of an error or injustice.  Joint Federal Travel Regulation (JFTR), paragraph U4100-A2, states:  “A. Travel within the PDS Limits. Per diem is not authorized: 2. At the old/new PDS for TDY en route ICW (in conjunction with) PCS travel. This applies even if the traveler vacated the permanent residence at the old PDS and was in temporary lodging during the TDY.”  This quote accurately describes the travel performed by the applicant under the cited orders.  However, the applicant’s amended orders were in error and did contain verbiage for entitlement of per diem during the TDY en-route.  The applicant acted in good faith based upon the (incorrect) information provided him by the base relocation personnel.  A1PA recommends approval of the portion of the applicant’s request covering the Per Diem, rental car fees, and rental car fuel.  However, the member did not incur costs associated with the M&IE portion of Per Diem, therefore, recommend denying his request for reimbursement of his claimed M&IE.  Recommend reimbursing the applicant $2,900.53.  
 
A complete copy of the AF/A1PA evaluation, with attachments, is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In further support of his request, the applicant submitted a personal statement indicating he concurs with the recommendation in the AF/A1PA advisory, with the exception of their recommendation not to reimburse him the M&EI portion of his per diem.  The JTR does not require him to provide receipts for M&EI and thus he did not provide them with his application, but the JTR does entitle him to M&EI.  His hotel did not have any cooking facilities during this TDY, so he used the full M&EI.  

THE BOARD CONCLUDES:

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 injustice.  After a thorough review of the evidence of record and the applicant’s complete submission, to include his rebuttal to the Air Force evaluation, we believe the applicant is the victim of an error or injustice.  In a recent Board decision, DFAS/OGC interpreted AFI 36-2110, Assignments, Table      4-1, Rule 7, Note 9, to mean if satisfactory completion of training is a prerequisite for the next assignment when a member is PCSing from an overseas assignment to CONUS, then a member is not permitted to PCS to a new duty assignment first, but must attend the training in TDY status.  That was the scenario in this case as the applicant was PCSing from Germany to Little Rock AFB, and completion of Instructor Pilot Training was a prerequisite for his follow-on assignment.  Further, while we note the comments of AF/A1PA recommending the M&IE portion of the applicant’s travel voucher claim be denied because he did not incur any costs associate with M&IE, we believe a preponderance of the evidence substantiates additional corrective action is warranted.  In this respect, we note the error on the applicant’s orders incorrectly placed the applicant into TDY-enroute status, a status in which he could reasonably have expected to be reimbursed for M&EI expenses, and that receipts for M&IE expenses in said status below $75.00 are not required to be submitted when filing a travel voucher.  As a result, the applicant had every right to believe he would be authorized M&IE expenses.  Therefore, we recommend the applicant’s records be corrected as indicated below.  

4.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

THE BOARD RECOMMENDS:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show he was reimbursed $2,900.53 travel expenses plus claimed M&IE expenses in conjunction with his temporary duty under Order Number AH-034705, dated 15 January 2014.  

The following members of the Board considered AFBCMR Docket Number BC-2015-02627 in Executive Session on 19 May 16 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-2015-02627 was considered:

	Exhibit A.  DD Form 149, dated 18 Jun 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AF/A1PA, dated 30 Jul 15, w/atchs.
	Exhibit D.  Letter, SAF/MRBR, dated 14 Aug 15.
	Exhibit E.  Letter, Applicant, undated. 

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.