RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  01-02480
							INDEX CODE 128.02
	 						COUNSEL: No 

							HEARING DESIRED: No

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APPLICANT REQUESTS THAT:

He be reimbursed for $695.15 for airline tickets self-procured outside the Scheduled Airline Ticket Office (SATO) for temporary duty (TDY) from Rhein-Main AB, Germany to Washington DC.

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APPLICANT CONTENDS THAT:

Because of erroneous guidance, negligent staff work, and a narrow orders-processing window, he is out $695.15 for the cost of his government-directed TDY. He was selected to attend the Chemical Warfare Convention Course in Washington DC and had 24 days of use-or-lose leave. He decided to take leave with his family in conjunction with his TDY. He received permission to take leave and purchase his own airline tickets.  His Traffic Management Office (TMO) told him to have his orders reflect that he could purchase his own airline ticket and then he could purchase a ticket. He purchased his tickets off the Internet. Neither the transportation specialist nor his unit's finance officer was aware of the requirement to purchase the ticket through a SATO. His orders did not specify he was authorized to procure his own transportation; he was told they would be amended while he was gone.  Upon his return, his orders were still not amended. He was told to submit an exception to policy letter with his voucher and he would be paid. However, the Rhein-Main finance office did not concur, stating that he purchased his tickets before his orders were published and amending the orders after the fact was illegal.  He is being held accountable for other people's errors.

He provides a supporting statement from the unit chief of financial management.

The applicant’s complete submission, with attachments, is Exhibit A.

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STATEMENT OF FACTS:

The applicant is currently serving in the Regular Air Force in the grade of major.

The following information was extracted from the applicant's documents, including a 6 Jul 01 letter from the Department of Defense Legal Services Agency, Defense Office of Hearings and Appeals (DOHA) (Exhibit A), and the HQ USAF/ILT evaluation (Exhibit B).

On 7 Sep 00, the applicant purchased tickets on-line for travel to Washington, DC, Newark, NJ, and Orlando, FL. The $695.15 cost was charged to his government credit card. 

By order 12 Oct 00, the applicant was ordered TDY from Rhein Main, Germany to Washington DC, and return.  The order reflects he was authorized 14 days of leave in Newark, NJ, and Orlando, FL; it did not reflect he was authorized to self-procure transportation. His 6 Nov 00 voucher indicates he left Rhein-Main by commercial plane and arrived in Washington on 14 Oct 00 in TDY status.  He left Washington by commercial plane on 20 Oct 00 for NJ and FL in leave status. He departed Orlando, FL on 4 Nov 00 and arrived in Frankfurt on 5 Nov 00.  He claimed $695.15 for airfare.

His claim for reimbursement for the airline ticket was denied because it had not been procured through a government contracted commercial travel office (CTO).

On 6 Jul 01, the Defense Office of Hearings and Appeals (DOHA) disallowed his $695.15 claim for airfare.  DOHA noted that there was no documented evidence the applicant was approved to self-procure transportation, that he had "no alternative" but to purchase his ticket through a common carrier, or that a CTO was not "reasonably available" at his station.  Further, travel to Orlando was clearly circuitous and therefore that portion of the travel would not be reimbursable even if the rest of the travel could be reimbursed. 

HQ USAF/ILT informally advised the AFBCMR Staff that the applicant's self-procured ticket cost only $695.15, even with the leave stops, because it was a heavily restricted excursion rate; the GSA rate for a ticket from Germany to DC and return would cost approximately $1,039.

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AIR FORCE EVALUATION:

HQ USAF/ILT indicates the applicant understood not to self-procure tickets unless prior approval was obtained.  His commander indorsed a request for an exception to policy letter, not granting approval to self-procure travel. The applicant failed to demonstrate that use of a CTO was attempted and DOHA denied his claim.  Combined with the knowledge of the requirement to obtain the missing statement in his orders, this adequately identifies the requirement to not self-procure tickets for travel purposes without authority.  The alleged omission by the transportation specialist of the requirement to procure tickets from a CTO is irrelevant. The applicant was briefed to have the self-procure travel authorized statement included in the TDY order and he has sufficient tenure to know not to proceed with self-procuring travel without proper authority. Denial is recommended.

A complete copy of the evaluation, with attachments, is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant provides a statement from his unit indicating he was granted permission to self-procure transportation. However, the orders were not processed correctly to reflect this authorization.  Further, this was not the only case where orders were improperly published and the group finance office refused to amend the orders because the applicant procured his own transportation before the orders were correctly published. The time-sensitive nature of procuring overseas airline tickets was not taken into account. A 6 Sep 00 agency form signed by the operations officer reflects the applicant asked to procure his own ticket because his family would be traveling with him. He also asked for 14 days of leave and indicated he understood that he would be required to pay for any additional costs above what it would cost the government to fly him roundtrip. 

A complete copy of the applicant's response, with attachments, is at Exhibit D.

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THE BOARD CONCLUDES THAT:

1.	The applicant has exhausted all remedies provided by existing law or regulations.

2.	The application was timely filed.

3.	Sufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice to warrant relief. We note the applicant's request to take leave in conjunction with his TDY and to self-procure his tickets was approved. However, apparently neither the transportation specialist nor the unit's finance officer was aware or advised him of the requirement to purchase the tickets through a SATO. In good faith, the applicant purchased tickets off the Internet. When he received his orders two days before he left for TDY, they did not indicate he was authorized to self-procure his transportation. The applicant's agency asserts this was not the only time orders had been improperly published and that the group did not take into account the time-sensitive nature of procuring overseas airline tickets. Based on the available evidence, we are persuaded that any doubt should be resolved in this applicant's favor, especially given the fact that the ticket he self-procured cost considerably less than the government rate. Therefore, we recommend the applicant be reimbursed for $695.15.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 6 September 2001, competent authority authorized him to self-procure round-trip commercial airline tickets from Rhein Main AB, Germany, to Washington, DC, and that he is entitled to reimbursement for the expenses incurred for his personally-procured official transportation, including those airline tickets purchased for official travel at commercial rates.

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The following members of the Board considered this application in Executive Session on 6 February 2002, under the provisions of AFI 36-2603:

	            Panel Chair
	            Member
	            Member

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 23 Aug 01, w/atchs.
   Exhibit B.  Letter, HQ USAF/ILT, undated, w/atchs. 
   Exhibit C.  Letter, SAF/MRBR, dated 7 Dec 01.
   Exhibit D.  Letter, Applicant, dated 19 Dec 01, w/atchs.

                                   

AFBCMR 01-02480

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to  be corrected to show that on 6 September 2001, competent authority authorized him to self-procure round-trip commercial airline tickets from Rhein Main AB, Germany, to Washington, DC, and that he is entitled to reimbursement for the expenses incurred for his personally-procured official transportation, including those airline tickets purchased for official travel at commercial rates.