DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 5777-20 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD Ref: (a) Title 10 U.S.C. § 1552 (b) The Joint Travel Regulations (JTR) 2019 Encl: (1) DD Form 149 w/attachments (2) Subject’s naval record 1. Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that his naval record be corrected to show Petitioner was reimbursed for a rental car while on temporary duty (TDY). 2. The Board, consisting of reviewed Petitioner’s allegations of error and injustice on 13 April 2021 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. Documentary material considered by the Board consisted of the enclosures, relevant portions of Petitioner’s naval record, and applicable statutes, regulations and policies. 3. The Board, having reviewed all the facts of record pertaining to Petitioner's allegations of error and injustice, finds as follows: a. Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. b. In accordance with reference (b), travel authorizations and orders cannot be retroactively modified to increase or decrease an allowance after the travel is completed. A travel authorization or order may be retroactively corrected to show the original intent (CBCA 3472­RELO, September 23, 2013)). When an allowance is approved after travel begins, it does not constitute a retroactive modification to create, change, or deny an allowance. An amendment is effective on the date it is issued and is not retroactive unless it contains language that corrects an error or omission, or provides a confirmation of the date of the verbal authorization. c. On 28 June 2019, travel authorization was approved; however, it did not include a rental vehicle. d. On 30 June 2019, Petitioner departed , and arrived to . e. On 2 July 2019, authorization was approved to include the rental vehicle beginning 2 July 2019. f. On 17 July 2019, authorization was modified to recalculate the rental vehicle into the partial payments. g. On 17 September 2019, Petitioner was issued modification to ADOSAC/COUNTERDRUG orders (MROWS/2361991/1/CD) for the period of 30 June 2019 to 26 September 2019 (89 days). Quarters were directed if available at . Rental car was not authorized at for that period. Government messing was not available for that period. h. On 26 September 2019, Petitioner departed and arrived to . i. On 9 October 2019, notified Petitioner of the following: “Your voucher was reviewed by leadership and the Approving Official and unfortunately they stated that your orders indicated that you were directed to stay on camp in the barracks and that a rental car was not authorized. They removed the rental car expenses (to include parking and fuel) and any lodging costs. They said that you were briefed that these were not authorized and would be on your own expense. After removing those expenses, your voucher will now create a $496.88 debt. Once the voucher is approved you will receive debt letter via email.” CONCLUSION Upon review and consideration of all the evidence of record, and especially in light of the contents of reference (b), the Board finds the existence of an injustice warranting the following corrective action. The Board concluded that it was unreasonable to expect anyone to walk 3.4 miles one way to mess hall once a day much less multiple times; therefore, Petitioner’s original orders should have authorized a rental car due to the unavailability of government messing at . RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: Prior to the execution of TDY, Petitioner’s orders were modified to read rental car was authorized at from 30 June 2019 to 26 September 2019. Note: Petitioner must file a supplemental travel claim along with his TDY orders, receipts, and a copy of Board for Correction of Naval Records’ decision letter with his local Personnel Support Detachment (PSD) or Installation Personnel Administrative Center (IPAC) in order to receive reimbursement. A copy of this Report of Proceedings will be filed in Petitioner’s naval record. 4. It is certified that a quorum was present at the Board’s review and deliberations, and that the foregoing is a true and complete record of the Board’s proceedings in the above-entitled matter. 5. Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(e)), and having assured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the authority of the reference, has been approved by the Board on behalf of the Secretary of the Navy. 5/19/2021 3