PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           02 MAY 2002                   
	DOCKET NUMBER:   AR2002067516

	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:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Christopher J. Prosser		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 her records be corrected by reinstating 10 days of charged leave; and by reimbursing her Basic Allowance for Subsistence (BAS) for Rations in Kind Unavailable (RIKNA) for the period 3 August through 8 October 2001.

3.  The applicant states that she was charged leave from 9 July 2001 through
1 August 2001, but should have only been charged from 9 July through 22 July 2001, because she was authorized 10 days of permissive temporary duty (PDTY) (non-chargeable leave) and 2 days of travel time, in conjunction with her permanent change of station (PCS); and that she was not paid BAS based on RIKNA for the period 3 August 2001 through 8 October 2001.

4.  The applicant’s military records show that on 23 April 2001, orders were published reassigning the applicant from the 67th Combat Support Hospital, Wuezburg, Germany to the 753rd Quartermaster Company, Greenbay, Wisconsin.  

5.  On 10 July 2001, a DA Form 31 (Request and Authority for Leave), submitted by the applicant, requesting leave for the period 9 through 22 July 2001, and PTDY from 23 July through 2 August 2001 was approved.

6.  The applicant’s December 2001, Leave and Earning Statement (LES) shows that she was charged leave for the period 9 July 2001 through 1 August 2001. 

7.  In the processing of this case an advisory opinion was obtained from the 
U. S. Total Army Personnel Command (PERSCOM), Personnel Services Support Branch, which recommended that the applicant’s military record and leave account be corrected to show restoration of 10 days of leave.   The opinion stated that in accordance with Army Regulation 600-8-10, Chapter 5, paragraph 5-32f, active duty soldiers are authorized not more than 10 days of PTDY for house hunting (absence to hunt for a house or other dwelling) incident to a PCS move, and therefore the applicant should have been authorized PTDY for the period 23 July 2001 through 
1 August 2001.  The applicant was provided a copy of the advisory opinion and concurred with the recommendation.

8.  The applicant in-processed into her new unit on 3 August 2001, however because of her unit’s location rations were not available.

9.  The applicant’s October 2001, LES shows she did not receive BAS-RIKNA until 
9 October 2001.

10.  On 19 December 2001, an official from the Defense Finance and Accounting Service, informed the applicant that she had not been authorized BAS-RIKNA for the period 3 August 2001 to 8 October 2001, because a DA Form 4187 (Personnel Action) had not been prepared to authorize RIKNA until 9 October 2001.  The applicant was instructed to apply to this Board for relief.  

11.  Financial Management Regulation, Volume 7, Part A, Paragraph 250401, precludes the finance office from processing retroactive claims that are not promptly confirmed in writing (within 5 working days), therefore Board approval is required to authorize payment of the applicant’s claim.

CONCLUSIONS:

1.  In accordance with Army Regulations the applicant was entitled to 10 days of PDTY for the purpose of house hunting.  Therefore, the applicant’s leave account should be corrected to show restoration of 10 days leave.  

2.  The applicant was entitled to basic allowance for subsistence/rations in kind unavailable beginning on 3 August 2001, the date of her assignment to the unit.  Documentation required to initiate this allowance was not submitted in a timely manner and resulted in the applicant not receiving the allowance.  The applicant’s BAS was not started until 9 October 2001, therefore she is entitled to this allowance for the period 3 August 2001 through 8 October 2001. 

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected: 

a.  by restoring 10 days of leave to the applicant leave account; and 

b.  by showing the applicant was authorized BAS-RIKNA for the period 
3 August 2001 through 8 October 2001.

BOARD VOTE:  

__FNE __  __WTM     __CJP __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Fred N. Eichorn______
		        CHAIRPERSON

INDEX

CASE ID	AR2002067516	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020502	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	121.00	
2.	128.00	
3.		
4.		
5.		
6.