RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-01989

XXXXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

She receive secretarial authority for a retroactive per diem extension waiver to cover the period 
4 May 19 to 15 Jul 19 (73 additional days) of her Active Duty for Operational Support (ADOS) orders.  

APPLICANT’S CONTENTIONS

She is a Traditional Reservist (TR) who was placed on various sets of continuous orders from 
5 Nov 18 through 15 Jul 19 (253 days).  The reason for the orders was to backfill the Senior Air Reserve Technician (ART) who was on deployment.  Her unique background and skill set in financial programs, CSS programs and ability to run day-to-day operation were mission critical and no local personnel were available to fill the position. 

In accordance with the Joint Travel Regulations section 2230 and AFI 36-2110, secretarial approval is required to receive per diem beyond 180 days of orders; however, she was never notified of this rule and did not discover the error until her travel voucher was rejected on 10 Jul 19.  

In support of her appeal, the applicant provides a copy of her orders and the six modification to those orders that extended her TDY past 180 days.  She also provides a copy of the package that was to be submitted for per diem waiver approval, but because it was not submitted prior to the extension of her orders, it could not be processed.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an Air Force Reserve lieutenant colonel (0-5). 

According to the documents provided by the applicant:

	On 5 Nov 18, Reserve Order (RO) No. D8E3XY, shows that she was placed on an initial set of ADOS orders for 72 days with a release date of 15 Jan 19.

On 7 Jun 19, a 6th modification to RO No. D8E3XY was issued amending her final orders to reflect an end date of 15 Jul 19, for a total of 253 days.  

For more information, see the advisory at Exhibit B.

APPLICABLE GUIDNACE

JTR, section 030302, RC Member Performing Active Duty with Pay Who Does Not Commute, paragraph B.2.c states, that for members who are on official orders for more than 181 days, “the standard travel and transportation allowances in Chapter 2 may be authorized when the Secretarial Process determines that the call to active duty or an extension is required by any of the following:

	(1) Unusual circumstances.

	(2) Emergency circumstances.

	(3) Contingency operations.

	(4) Exigencies of the Service concerned.”  

AIR FORCE EVALUATION

SAF/MRM, recommends granting the application.  Based on the documentation provided by the applicant and analysis of the facts and circumstances, there is evidence of an error or injustice.     While, the applicant did not obtain a per diem waiver when her order was extended beyond 180 consecutive days at one location pursuant to JTR, par. 030302-B2c4; the circumstances suggest that there was an “exigency of the Air Force” that justified continuing her TDY orders.  As such, the applicant should have received authorization for continuation of per diem through 15 Jul 19.  

The complete advisory opinion is at Exhibit B.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 3 Aug 20 for comment (Exhibit C), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was timely filed.

2.  The applicant exhausted all available non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board concludes the applicant is the victim of an error or injustice.  The Board concurs with the rationale and recommendation of SAF/MRM and finds a preponderance of the evidence substantiates the applicant’s contentions.  Therefore, the Board recommends correcting the applicant’s records as indicated below.

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that on 3 May 2019, there was a Secretarial process authorization for continuation of per diem through 15 July 2019 in accordance with the Joint Travel Regulations, Section 032201-B2c4, Exigency of the Air Force. 

CERTIFICATION

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2020-01989 in Executive Session on 15 Sep 20:

	, Panel Chair 
	, Panel Member
	, Panel Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 3 Apr 20.
Exhibit B:	Advisory opinion, SAF/MRM, w/atch, dated 3 Aug 20.
Exhibit C:	Notification of advisory, SAF/MRBC to applicant, dated 3 Aug 20.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9.