MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            6 July 2000                  
	DOCKET NUMBER:   AR1999029112

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

	Mr. Carl W. S. Chun		Director	
	Ms. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler 		Chairperson	
	Mr. Ernest M. Willcher 		Member	
	Mr. John P. Infante 		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

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

APPLICANT REQUESTS:  In effect, that she be reimbursed for temporary lodging expenses (TLE) for the period 24 August-29 September 1998 for both her dependents and herself.  She also requests reimbursement for relocation and deferred travel for her dependents.

APPLICANT STATES:  In effect, in a memorandum she states that on 3 June 1998, she was notified that she was on “levy” for Germany.  On 16 June 1998, she requested to appear before a Military Occupational Specialty (MOS)/Medical Retention Board (MMRB).  She was told that she would possibly be scheduled for the next MMRB.  However, she had nothing in writing to show that she was pending an MMRB.  Therefore, she continued with her scheduled permanent change of station (PCS) plans.  On 24 August 1998, she cleared government quarters at Fort Huachuca, Arizona, and moved into the local post hotel.  When she went to the post medical facility she was told that she could not clear, because her medical records were being evaluated.  She was placed in a medical hold status and notified that she would appear before the 30 September 1998 MMRB.  At that time, she went to “finance” and explained her situation and inquired about being reimbursed for relocation expenses.  “Finance” told her that her gaining unit would settle her travel expenses, but they were not sure how the hotel bill would be paid.  On 8 October 1998, she was notified to appear before a second MMRB on 4 November 1998.  She went on regular leave from 
1-24 October 1998.  While on leave she relocated her dependents because she was told that if she took them to Germany without orders, it would be at her own expense.  When she requested that the “Finance Office” in Germany reimburse her for relocating her dependents within the United States, she was told that she needed a memorandum from the losing unit showing the circumstances of the incurred expenses.  After her new “Finance Office” received the memorandum from her losing unit, she was told that she would not be reimbursed for relocating her family within the United States.  She was told that she was not entitled to reimbursement and that there was no exception to policy.  Then the Government recouped her advance pay.  She has paid out of the pocket expenses each time she has moved.  She does not feel that this is fair.  She submits medical documents, hotel receipts, amendments and travel settlement vouchers in support of her request.

EVIDENCE OF RECORD:  The applicant's military records show:

In June 1998, the applicant was placed on levy for Germany.  Her original reporting date was not later than (NLT) 10 October 1998.  In August 1998, she cleared government quarters and moved into a hotel.  On 28 August 1998, her original orders were amended to show a reporting date to Germany of NLT 10 November 1998.  On 30 September 1998, she appeared before a MMRB and was found fit for duty. 

On 8 October 1998, she was scheduled to appear before a second MMRB on 
4 November 1998.  She went on ordinary leave from 1-24 October 1998 and while on leave she relocated her dependents.  Apparently, she returned to Fort Huachuca to appear before the 4 November 1998 MMRB.  The results of the board are not contained in the available records.  However, she remains in an active duty status.

On 13 November 1998, the applicant was notified that her family was authorized to travel to Germany effective 3 December 1998.  On 17 December 1998, her dependents departed Atlanta, Georgia for Germany.

She received TLE for 5 of the 33 days she was in a hotel in the Fort Huachuca area (29 August-30 September 1998).  The TLE was based on her PCS move from Fort Huachuca to Kitzingen, Germany.

In connection with her application, the Defense Finance and Accounting Service (DFAS), Indianapolis Center has opined (COPY ATTACHED), in essence, that the Joint Federal Travel Regulation (JFTR) is a statutory regulation and that the prohibition is a matter of law and not policy.  Therefore, no exception to policy is available.  Therefore, the applicant is not entitled to receive additional TLE from 
29 August–30 September 1998.  Five days is the maximum number of days a soldier is authorized to be paid TLE.  In accordance with the Joint Federal Travel Regulation (JFTR), paragraph U5222, the applicant’s dependent travel delay was less than 20 weeks after her port reporting month.  Therefore, her dependents total travel and transportation allowances could not exceed the entitlement from the last place to which transported at government expense to the new permanent duty station.  Therefore, she is only entitled to travel and transportation allowances not to exceed the entitlements from Fort Huachuca to Kitzingen Germany.  The settlements the applicant received were accurate and correct.

This opinion was referred to the applicant for comment, but she failed to respond.

The JFTR, paragraph U5710-2, provides that TLE may not be paid for more than 
5 days for a PCS Outside of the Continental United States (OCONUS).  Paragraph U5222 provides that when dependent travel delay is less than 
20 weeks after the service member’s port reporting month, the dependents’ total travel and transportation allowances shall not exceed the entitlement from the last place to which transported at government expense to the new permanent duty station.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion, it is concluded:

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the above requirement.

2.  After the applicant was put on levy, she voluntarily requested to appear before an MMRB knowing that it could possibly delay her departure.  Therefore, she is not entitled to reimbursement of TLE for 33 days.  In accordance with Federal statutory regulations currently in effect, she is only entitled to receive TLE for
5 days.

3.  Her dependent travel delay was less than 20 weeks after her port reporting month.  Therefore, she is only entitled to travel and transportation allowances not to exceed the entitlements from Fort Huachuca to Kitzingen, Germany.

4.  The applicant received TLE, travel and transportation allowances in accordance with current Federal statutory regulations.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__cmf___  __emw___  __jpi____  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR1999029112	
SUFFIX		
RECON		
DATE BOARDED	20000706	
TYPE OF DISCHARGE	(N/A)	
DATE OF DISCHARGE	(N/A)	
DISCHARGE AUTHORITY	(N/A)	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	128.0000	
2.		
3.		
4.		
5.		
6.