PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           9 December 1998                   
	DOCKET NUMBER:   AC98-11142

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Mr. Fred N. Eichorn		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 reimbursement for temporary duty (TDY) expenses of $737.94.

3.  The applicant states that when he was reassigned from the Foreign Area Officer Student Detachment, Fort Shafter, HI with duty at Kuala Lumpur, Malaysia to United States Army Pacific, Fort Shafter, HI, he was authorized three days TDY to Fort Shafter to out-process.  After out-processing, he went to the mainland on leave.  When he returned for duty and tried to settle his TDY travel claim, the servicing finance office denied his claim because the Joint Travel Regulation (JTR) denies TDY reimbursement if the TDY is within the limits of the permanent duty station.

4.  The applicant’s military records show that he was reassigned from duty at Kuala Lumpur, Malaysia to Fort Shafter, HI with a will-proceed date of               29 December 1997 and a reporting date of 15 February 1998.  The additional instructions to his orders authorized him three consecutive duty days TDY to Fort Shafter to execute personnel and finance out-processing.  He was authorized a rental vehicle, reimbursement not to exceed $45.00 per day.  

5.  In the processing of this case, an advisory opinion was obtained from the Defense Finance and Accounting Service – Indianapolis Center.  The opinion supported the applicant’s claim for reimbursement.  The JTR does prohibit paying per diem for TDY within the limits of a member’s permanent duty station; however, the applicant’s circumstances are unusual.  The TDY was a requirement for him to out-process his old unit and differs from previous Comptroller Decision cases denying payment based on this rule.  The opinion recommended reimbursing the applicant for his TDY expenses as an exception to the provisions in paragraph U4102-d of the JTR.

CONCLUSIONS:

1.  The applicant is entitled to reimbursement of his TDY expenses as an exception to the JTR.

2.  In view of the foregoing, it would be in the interest of justice to correct the applicant’s records as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by reimbursing the applicant for all TDY expenses incident to his reassignment to United States Army Pacific, Fort Shafter, HI for which his orders entitle him as an exception to the JTR.

2.  That so much of the application as is in excess of the foregoing be denied 
BOARD VOTE:  

JH_____  FNE_____  TBR_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC98-11142	
SUFFIX		
RECON		
DATE BOARDED	19981209	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	128.14	
2.		
3.		
4.		
5.		
6.