PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            3 June 1999                  
	DOCKET NUMBER:   AR1998014185

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Mr. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor		Chairperson	
	Ms. Kathleen A. Newman		Member	
				
	Mr. Thomas B. Redfern, III		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that orders assigned her to Fort Jackson, South Carolina, with duty at Fort Monmouth, New Jersey, be changed to assign her to Fort Jackson with temporary duty (TDY) to Fort Monmouth and then return to Fort Jackson.

3.  The applicant states that numerous individuals performed duty at Fort Monmouth to support the relocation of the Chaplain School to Fort Jackson.  Some personnel were sent to TDY and return to Fort Jackson.  She was sent to perform similar duties and render the same support.  The difference in orders created a tremendous difference in pay for all the personnel concerned.

4.  As of the date of her application, the applicant was serving on active duty in the rank of colonel.

5.  The applicant’s military records show that she was reassigned from Carlisle Barracks, Pennsylvania, to Fort Jackson with duty at Fort Monmouth.  She reported to Fort Jackson, effective 14 July 1995.

6.  The applicant reported to Fort Monmouth and remained until approximately  22 December 1995.

7.  On 11 March 1996, the Defense Finance and Accounting Service (DFAS) opined that the “legal rights and liabilities vest as and when travel is performed under orders.  Such orders may not be revoked or modified retroactively so as to increase or decrease the rights which have accrued or become fixed, after the travel has already been performed.”  There is nothing to indicate an error in the orders executed.

8.  On 9 October 1998, the Chief, Resources Division, Office of the Deputy Chief of Staff for Personnel (DCSPER) opined that the reassignment was in compliance with proper guidelines.  This opinion also authorized Basic Allowance for Housing for those personnel assigned to Fort Jackson with duty at Fort Monmouth who relocated their families to Fort Jackson.

CONCLUSIONS:

1.  The Board notes the applicant’s contention that a “substantial inequity” in pay existed based on the orders issued to members of the Army Chaplain Center and School.  However, the Board also notes that managers of Government funds are responsible for the effective use of those resources.

2.  The DCSPER concluded that no error or injustice had been committed.  The assignment procedures relating to the applicant were different from other personnel assisting in the relocation of the Chaplain School; however, that does not constitute injustice.
3.  The DFAS has opined that no error took place; rather budgetary restrictions affected the permanent change of station.  DFAS further opined that “if you are presented orders proposing to change the orders already executed, payment would not be appropriate based of the reissued orders.”

4.  Notwithstanding the opinions of the DCSPER and the DFAS, the Board recognizes that an inequity occurred when certain military members were involved in performing the same functions but were treated differently.  This difference resulted in a pay inequity.

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing the individual concerned was assigned to Fort Jackson with further TDY to Fort Monmouth and return to Fort Jackson.

BOARD VOTE:  

rvo______  kan_____  tbr _____ GRANT AS STATED IN RECOMMENDATION

________  ________  ________ GRANT FORMAL HEARING

________  ________  ________ DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1998014185	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	1999 June 3	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.128	Pay and allowances	
2.		
3.		
4.		
5.		
6.