PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           1 June 2000                   
	DOCKET NUMBER:   AR2000041335

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. James C. Hise		Chairperson	
	Mr. Raymond V. O’Connor, Jr.		Member	
	Mr. Melvin H. Meyer		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 8 January to  10 February 2000.

3.  The applicant states that he was immediately ordered to active duty and reported to his Officer Basic Course (OBC) location on 8 January 2000.  Since his orders did not indicate a permanent duty station (PDS), he was not authorized per diem.  Per diem began on 11 February 2000, when he received his PDS from the U. S. Total Army Personnel Command (PERSCOM).

4.  The applicant’s military records are not available.  The information contained herein was obtained from alternate sources.

5.  Orders dated 20 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 temporary duty (TDY) in accordance with DD Form 1610, Request and Authorization for TDY Travel of DOD Personnel, issued separately, to attend OBC.  His DD Form 1610 orders him to attend OBC with a reporting date of 16 February 2000 and a will proceed date of 7 January 2000.  The special instructions in his active duty orders stated his effective date of entry on active duty would be 7 January 2000 and that early reporting to OBC was authorized.

6.  On 11 February 2000, Fort Knox, KY amended the applicant’s active duty orders to change the assigned to line to read “Replacement Transient Detachment…” and the reporting date line to read “16 July 2000.”  Per diem was paid to the applicant effective 11 February 2000.

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.

CONCLUSIONS:

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

2.  The applicant effectively began serving in the Army on or about 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 or about 7 January 2000) and 11 February 2000, when his PDS was finally designated.  He is not entitled to per diem for any period prior to entering on active duty since he could not have been in a travel status until he entered active duty.

4.  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 20 December 1999 orders ordering the applicant to active duty showed he was assigned to the Replacement Transient Detachment (WOVF28) Fort Polk, LA  71459 with a reporting date of 16 July 2000.

2.  That the applicant be paid per diem based upon the above noted PDS from   7 January 2000 or the date he entered active duty, whichever is later, until          11 February 2000 or the date per diem was actually paid, whichever is earlier.

BOARD VOTE:  

__jch___  __rvo___  __mhm___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			James C. Hise
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000041335	
SUFFIX		
RECON		
DATE BOARDED	20000601	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	128.00	
2.		
3.		
4.		
5.		
6.