PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            24 October 2000                      
	DOCKET NUMBER:   AR2000038001

	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. Carl W. S. Chun		Director	
	Ms. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret Patterson		Chairperson	
	Mr. Edwin S. Castle		Member	
	Mr. John T. Meixell		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 he be paid per diem for the period 7 January to  15 February 2000.  He also requests that he be paid for mileage in and around his temporary duty (TDY) point.

3.  The applicant states that since his orders did not indicate a permanent duty station (PDS), he was not authorized per diem.  In addition, he should have been authorized in and around mileage based upon the Commanding General’s          7 November 1999 memorandum.

4.  Orders dated 18 December 1999 ordered the applicant to active duty.  The assigned to line and the reporting date line on his orders state “To be determined.”  He was ordered to report for TDY in accordance with a Request and Authorization for TDY Travel of DOD Personnel, DD Form 1610, issued separately, to attend the Officer Basic Course (OBC).  His DD Form 1610 orders him to attend OBC with a reporting date of 7 January and a will proceed date of  7 January 2000.  Item 15 of the DD Form 1610 stated in part “In and around mileage is not authorized.”

5.  On 16 February 2000, Fort Gordon, GA amended the applicant’s active duty orders by a 1st endorsement to change the assigned to line to read “21st AG Replacement Detachment (WHD201) Fort Hood, Texas  76544”.  Per diem was apparently paid to the applicant effective 16 February 2000.

6.  On 7 November 1999, the Commanding General, U. S. Army Signal Center and Fort Gordon, had issued a memorandum for all military and civilian students attending Training and Doctrine Command schools at Fort Gordon.  The memorandum stated that there was no government transportation available at Fort Gordon except to transport soldiers to remote training areas and certain maximum daily in/around mileage limitations were effective immediately.  

7.  Title 37, U. S. Code, section 404 provides in pertinent part that under regulations prescribed by the Secretaries concerned members of the uniformed services are entitled to travel and transportation allowances upon a change of permanent station, or otherwise, or when away from their designated post of duty.

8.  The Joint Federal Travel Regulation, paragraph U7125A states that a member whose orders to active duty do not designate a specific PDS after the TDY is completed is not entitled to per diem during the TDY.  Per diem is authorized from the date the member receives orders naming a PDS other than the TDY station.  Paragraph 4100 states that a per diem allowance is designed to offset the costs of lodging, meals and incidental expenses incurred by a member while performing travel and or TDY away from the member’s PDS.

9.  In the processing of this case, an advisory opinion was obtained from the Defense Finance and Accounting Service, Finance Systems and Procedures Division (SEE ATTACHED).  That office recommended approval of the applicant’s request for per diem based upon financial hardship.  That office also recommended that the applicant’s DD Form 1610 be corrected to authorize in and around mileage based upon the Commanding General’s memorandum.

10.  A copy of the advisory opinion was provided to the applicant for comment, and he concurred with the opinion.   

CONCLUSIONS:

1.  The Board concludes that an injustice has occurred in this case.

2.  The applicant effectively began serving in the Army on 7 January 2000, when he entered active duty and was required to report for TDY. 

3.  The applicant was unfairly deprived of his entitlement to per diem between the period he entered active duty on 7 January 2000 and 16 February 2000, when his PDS was finally designated. 

4.  In addition, in accordance with the advisory opinion, it would be appropriate to correct the applicant’s DD Form 1610 to authorize in and around mileage.

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

RECOMMENDATION:
1.  That all of the Department of the Army records related to this case be corrected by showing that the 18 December 1999 orders ordering the applicant to active duty showed he was assigned to the “21st AG Replacement Detachment (WHD201) Fort Hood, Texas  76544”.  

2.  That the applicant be paid per diem based upon the above noted PDS from   7 January 2000 until 16 February 2000 or the date per diem was actually paid, whichever is earlier.

3.  That the applicant’s DD Form 1610 dated 18 December 1999 ordering him to report to OBC be corrected to authorize him in and around mileage.

4.  That the applicant be paid in and around mileage for the period of his TDY.

BOARD VOTE:  

___mp___  ___esc__  ___jtm__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000038001	
SUFFIX		
RECON		
DATE BOARDED	20001024	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  128.00		
2.		
3.		
4.		
5.		
6.