RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03001 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He receive a retroactive per diem waiver for the period 29 April 2010 through 28 June 2010. _________________________________________________________________ APPLICANT CONTENDS THAT: His supervisor submitted a per diem waiver request on 4 May 2010 and it was not approved until 30 June 2010. He has been on continuous orders since 1 October 2009 for a lower back injury sustained while on active duty. He has incurred personal expenses totaling $3,929.08 for which he seeks reimbursement. In support of his appeal, the applicant provides a personal statement, and copies of his Government credit card statement, cancelled checks, his medical continuation order, a medical memorandum, and a SAF/MRM memorandum approving a per diem waiver for 29 June 2010 through 27 August 2010. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is currently serving as a senior master sergeant (E-8) in the Air National Guard (ANG). He has been on continuous active duty orders since 1 October 2009 for a lower back injury sustained while on active duty. SAF/MRM approved a per diem waiver for the applicant for the period 29 June 2010 through 27 August 2010. The remaining relevant facts pertaining to this application are contained in the letters prepared by the appropriate offices of the Air Force, which are attached at Exhibit B and D. ____________________________________________________________ AIR FORCE EVALUATION: NGB/A1PS (Benefits and Entitlements) recommends partial approval. A1PS states the effective date of the per diem should be for 4 May 2010 through 28 June 2010 since the per diem waiver was not submitted until 4 May 2010. The complete NGB/A1PS evaluation, with attachments, is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 29 October 2010 for review and comment within 30 days. As of this date, no response has been received by this office. _________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: SAF/MRM recommends approval. MRM states that per JFTR, Volume I, paragraph U7150 A4b(3), a member called to active duty away from home for more than 180 days, for other than training purposes, may be authorized per diem for the entire period if the call to active duty/extension is required by unusual circumstances, emergency circumstances, contingency operations, or exigencies of the service concerned as determined by the Secretarial process. As of 22 March 2007, the Secretary of the Air Force delegated to SAF/MRM those certain decision authorities under the JFTR and JTR. Commanders must obtain the per diem waiver before orders are issued or amended since the JFTR does not provide for retroactive approval. Members without an approved waiver or Permanent Change of Station (PCS) assignment should be returned to their old station and not be allowed to continue work at the current location without Temporary Duty (TDY) and transportation allowances. SAF/MRM Policy Memos of 19 August 2009 and 11 Febraury 2011, both indicate that commanders must obtain per diem waivers (over 179 days) before orders are issued or amended. MRM states the evidence of record indicates that a Health Systems Specialist at the applicant’s unit requested instructions on how to submit a per diem waiver in behalf of the applicant on 3 May 2010. The per diem waiver request was submitted on 4 May 2010 to NGB/A1PS. On 23 June 2010, A1PS returned the request as incomplete. On 25 June 2010, the request was resubmitted. It was subsequently submitted to SAF/MRM on 29 June 2010 and approved on 30 June 2010. MRM indicates the submitted documentation does not reflect when the applicant originally requested the waiver to his unit. Had the waiver been timely submitted, it would have been approved for 29 April 2010 through 27 August 2010. The complete SAF/MRM evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: A copy of the SAF/MRM evaluation was forwarded to the applicant on 24 March 2011 for review and comment within 30 days. As of this date, no response has been received by this office. _________________________________________________________________ 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 an injustice warranting corrective action. Noting the differing opinions between NGB/A1PS and SAF/MRM regarding the start of the waiver period, we are inclined to agree with the NGB/A1PS recommendation in this instance. While we acknowledge the applicant is requesting a waiver beginning 29 Apr 10, we believe the effective date of the per diem should be for 4 May 2010 through 28 June 2010 since the per diem waiver request was not submitted until 4 May 2010. Accordingly, we recommend his records be corrected as indicated below. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that he applied for per diem waiver for the period of 4 May 2010 to 28 June 2010 and his request was approved by competent authority. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-03001 in Executive Session on 26 May 2011, under the provisions of AFI 36-2603: All members voted to correct the records, as recommended. The following documentary evidence pertaining to Docket Number BC- 2010-03001 was considered : Exhibit A. DD Form 149, dated 16 Jun 10, w/atchs. Exhibit B. Letter, NGB/A1PS, dated 29 Sep 10, w/atchs. Exhibit C. Letter, SAF/MRBR, dated 29 Oct 10. Exhibit D. Letter, SAF/MRM, dated 21 Mar 11. Exhibit E. Letter, AFBCMR, dated 24 Mar 11.