PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           13 July 2000                   
	DOCKET NUMBER:   AR2000041817

	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:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. James E. Anderholm		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 14 August 1999 to 5 October 1999.

3.  The applicant states that he was not entitled to per diem because his orders did not indicate a permanent duty station (PDS).

4.  The applicant’s military records show that orders dated 21 July 1999 ordered him 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) to attend the Officer Basic Course (OBC) with a reporting date of 29 November 1999.  The additional instructions in his orders stated that his effective date of active duty was 9 August 1999 and early report to OBC was authorized.

5.  On 6 October 1999, Fort Knox, KY amended the applicant’s active duty orders to change the assigned to line to read “64th AG Replacement Battalion…” and the reporting date line to read “12 May 2000.”  Per diem was paid to the applicant effective 6 October 1999.

6.  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.

7.  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.

8.  In the processing of this case, an advisory opinion was obtained from the Defense Finance and Accounting Service, which recommended that the applicant’s 21 July 1999 orders be corrected to show the “assigned to” line as “4th AG Replacement Battalion (WA6Z1A) APO AE  09212 (Germany).”

9.  A copy of the advisory opinion was provided to the applicant for comment.  He did not respond within the given time frame. 

CONCLUSIONS:

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

2.  The applicant effectively began serving in the Army on 9 August 1999, 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 (9 August 1999) and 6 October 1999, when his PDS was finally designated. 

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 21 July 1999 orders ordering the applicant to active duty showed he was assigned to the 64th Adjutant General Replacement Battalion (WA6Z1A) APO AE  09212 (Germany) with a reporting date of 12 May 2000.

2.  That the applicant be paid per diem based upon the above noted PDS from   9 August 1999 or the date he entered active duty, whichever is later, until            6 October 1999 or the date per diem was actually paid, whichever is earlier.

BOARD VOTE:  

__jlp___  __mhm___  __jea___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Jennifer L. Prater
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000041817	
SUFFIX		
RECON		
DATE BOARDED	20000713	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	128.00	
2.		
3.		
4.		
5.		
6.