RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-03316

XXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

The applicant’s Temporary Duty (TDY) order associated with start and end date 17 December 2018 and 10 August 2019 be corrected to reflect that, “SAF/MR issued a memo on 20 September 2018 that authorized per diem beyond 180 consecutive days through 30 September 2020 for Air National Guard (ANG) members who arrived in Temporary Duty (TDY) status as early as 25 March 2018 through arrival date of 15 August 2019 in support of the Southwest Border (SWB) mission and were called to active duty under Title 32 United States Code (U.S.C.) §502(f)(2).  SAF/MR's decision is pursuant to Joint Travel Regulation (JTR), paragraph. 030302-B2c4, exigency of the Air Force.” 

APPLICANT’S CONTENTIONS

The Chief of the National Guard Bureau (CNGB) issued two separate memoranda on 20 September 2018 and 4 September 2019 that extended per diem beyond 180 consecutive days at one location for Air National Guard (ANG) members performing duty in support of the Southwest Border (SWB) mission.  However, in accordance with the Joint Travel Regulation (JTR), the CNGB did not have a delegation of authority from the Secretary of the Air Force (SECAF) to authorize such extensions.  

Since the applicant performed duty in support of the SWB mission for 236 days at the same location and received per diem, he is subject to debt action unless there is a correction to the Temporary Duty (TDY) order that provides the per diem extension for the applicable time periods.  

The group submission for the applicant is at Exhibit A.

STATEMENT OF FACTS

The applicant is an Air National Guard (ANG) technical sergeant (E-6).

On 15 February 2019, “Presidential Proclamation on Declaring a National Emergency Concerning the Southern Border of the United States” was issued and the Air National Guard (ANG) was ordered by the Secretary of Defense (SecDEF) via an Execution Order (EXORD), dated April 2018 that directed and authorized the Chief of the National Guard Bureau (CNGB) to "provide defense support to Department of Homeland Security (DHS) for securing the southern border." 

On 20 September 2018, the Chief of the National Guard Bureau (CNGB) signed a memorandum erroneously approving Temporary Duty (TDY) travel in excess of 180 days for all National Guard service members who were supporting the Southwest Border (SWB) mission.  The memorandum had an expiration date of 30 September 2019.  

On 4 September 2019, the Chief of the National Guard Bureau (CNGB) signed a subsequent memorandum erroneously approving Temporary Duty (TDY) travel in excess of 180 days for all National Guard service members who were supporting the Southwest Border (SWB) mission.  The memorandum had an expiration date of 30 September 2020.  

From 17 December 2018 to 10 August 2019, as noted in Tabs 2-13 of the group application, the applicant was placed on Temporary Duty (TDY) orders in support of the Southwest Boarder (SWB) mission.  

For more information, see the group submission at Exhibit A and the applicable authority at Exhibit C.

APPLICABLE AUTHORITY

Title 32 U.S.C. §502. Required drills and field exercises, Paragraph (f)(2): 

(2) The training or duty ordered to be performed under paragraph (1) may include the following:
	(A) Support of operations or missions undertaken by the member's unit at the request of the President or Secretary of Defense.
	(B) Support of training operations and training missions assigned in whole or in part to the National Guard by the Secretary concerned, but only to the extent that such training missions and training operations -
		(i) are performed in the United States or the Commonwealth of Puerto Rico or 	possessions of the United States; and 
		(ii) are only to instruct active duty military, foreign military (under the same 	authorities and restrictions applicable to active duty troops), Department of Defense 	contractor personnel, or Department of Defense civilian employees.

Joint Travel Regulation (JTR), dated 1 Apr 2019:

JTR, Paragraph 010206. Travel Authorizations and Orders:

B. Time Limits for Travel Authorizations and Orders. See Table 1-6 for rules that define the time restrictions for travel allowances.  Requests for a TDY that exceeds 180 days at one location should be made in advance of travel to the authority identified in Table 1-7.  The requests must be made in writing and contain justification for the length of the TDY.  When the TDY exceeds 180 consecutive days without being authorized or approved, per diem stops on the 181st day.

JTR, Table 1-7.  Authorizing and Approval Authority for TDY of 181 or More Consecutive days: 

(1)(a).  For All Service Members Other than Army.  Secretary concerned, Chief of an appropriate bureau or the staff agency specifically designated for that purpose or the Combatant Commander (CCDR) or Deputy CCDR.  
(1)(b).  No further delegation is authorized.  

JTR Paragraph 030302. Reserve Component (RC) Member Performing Active Duty with Pay Who Does Not Commute:  

B (2).  181 or More Days at Any One Location (with No Break in Service) When the RC Member Does Not Commute
	c. The standard travel and transportation allowances specified 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.

JTR, Appendix A.  Definitions and Acronyms

Authorize(d):   JTR, Appendix A, defines "authorize" as "to give permission before an act."  When the definition of "authorize" is applied to JTR, paragraph 030302-B2c, the "act" is the occurrence of the 181st consecutive day at any one location.  The application assumes that the member's original order, even as amended, included no more than 180 consecutive days at one location.

Secretarial Process:	The Secretarial Process is defined in JTR, Appendix A for service members as "[a]ction by the Per Diem, Travel, and Transportation Allowance Committee (PDTATAC) Principal member or a subordinate level specified by the Principal.”

Headquarters Mission Directive 1-24, Assistant Secretary of the Air Force (Manpower and Reserve Affairs), dated 28 January 2019, Attachment 1: 

A1.272. Authority to act for the "Secretary concerned" in matters under the Joint Travel Regulations (JTR) which are re-delegated to the Deputy Assistant Secretary, Force Management Integration, who is designated the Per Diem, Travel and Transportation Allowance Committee (PDTATAC) Principal for the Air Force.

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 and finds a preponderance of the evidence substantiates the applicant’s contentions.   The Board notes the Chief of the National Guard Bureau (CNGB) never received the designation to approve Temporary Duty (TDY) for 181 or more consecutive days in accordance with Joint Travel Regulation (JTR) Table 1-7; however, the Secretary of the Air Force for Manpower and Reserve Affairs (SAF/MR), who is the approval authority for per-diem extensions, concurs with the request to grant relief.  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 his Temporary Duty (TDY) orders reflect that SAF/MR issued a memo on 20 September 2018 that authorized per diem beyond 180 consecutive days through 30 September 2020 for Air National Guard (ANG) members who arrived in Temporary Duty (TDY) status as early as 25 March 2018 through arrival date of 15 August 2019 in support of the Southwest Boarder (SWB) mission and were called to active duty under Title 32 United States Code (U.S.C.) §502(f)(2).  SAF/MR's decision is pursuant to Joint Travel Regulation (JTR), paragraph. 030302-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-2020-03316 in Executive Session on 12 January 2021:

, Panel Chair 
, Panel Member
, Panel Member

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

Exhibit A:	SECAF Memorandum, w/atchs, dated 9 September 2020.
Exhibit B:	Applicable Authority.

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.