RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-00452

xxxxxxxxxxxx	COUNSEL: NONE

	HEARING REQUESTED: NO	

APPLICANT’S REQUEST

Modification of the following three orders to include funding for reimbursement of unpaid temporary duty (TDY) Joint Travel entitlements (i.e. per diem and lodging):

a.	XXXXX, Military Personnel Appropriation (MPA) Contingency, 120 days, 1 Oct 13 – 28 Jan 14 (M4S ID XXXX, Order Tracker XXXXX.

b.	XXXXX, MPA Contingency, 123 days, 29 Jan - 31 May 14 (M4S ID XXXXX, Order Tracker XXXXX.

c.	XXXXX, MPA Contingency, 58 days, 1 Jun - 28 Jul 14 (M4S ID XXXXX, Order Tracker XXXXX.

d.	XXXXX, MPA Contingency, 59 days, 29 Jul - 25 Sep 14 (M4S ID XXXXX, Order Tracker XXXXX.

e.	XXXXX, MPA Contingency, 14 days, 12 Dec - 25 Dec 14 (M4S ID XXXXX, Order Tracker XXXXX.

f.	XXXXX, MPA Contingency, 33 days, 26 Mar - 27 Apr 15 (M4S ID XXXXX, Order Tracker XXXXX.

g.	XXXXX, MPA Contingency, 71 days, 28 Apr - 7 Jul 15 (M4S ID XXXXX, Order Tracker XXXXX.

h.	XXXXX, MPA Contingency, 63 days, 29 Jul - 29 Sep 15 (M4S ID XXXXX, Order Tracker XXXXX.

APPLICANT’S CONTENTIONS

He lived outside the local commuting area as established by his commander.  His various sets of orders from 1 Oct 13 to 29 Sep 15 did not include the fund cite for the travel and per diem he was entitled to be paid due to the incorrect interpretation of the FY13 Sequestration Guidance.  The per diem entitlements were not fully restored as directed by Air Combat Command (ACC) and acknowledged in a memo of support from the 13 RS/CC.  

In his previous case, BC-2019-01030, the Board granted his request to show his travel distance was beyond commute and he was authorized benefits in accordance with the Joint Travel Regulation (JTR) to his MPA orders from FY16, 17 and 18.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force Reserve lieutenant colonel (O-5).

On 17 Sep 13, according to documentation provided by the applicant, he was directed to active duty, 10 United States Code (USC) 12301(d), under Reserve Order XXXXX, for a period of 120 days, 1 Oct 13 - 28 Jan 14.

On 2 Jan 14, according to documentation provided by the applicant, he was directed to active duty, 10 USC 12301(d), under Reserve Order XXXXX, for a period of 123 days, 29 Jan 14 – 31 May 14.

On 8 Apr 14, according to documentation provided by the applicant, he was directed to active duty, 10 USC 12301(d), under Reserve Order XXXXX, for a period of 58 days, 1 Jun 14 – 28 Jul 14.

On 28 May 14, according to documentation provided by the applicant, he was directed to active duty, 10 United States Code (USC) 12301(d), under Reserve Order XXXXX, for a period of 59 days, 29 Jul 14 - 25 Sep 14.

On 5 Dec 14, according to documentation provided by the applicant, he was directed to active duty, 10 USC 12301(d), under Reserve Order XXXXX, for a period of 14 days, 12 Dec 14 – 25 Dec 14.

On 11 Mar 15, according to documentation provided by the applicant, he was directed to active duty, 10 USC 12301(d), under Reserve Order XXXXX, for a period of 33 days, 26 Mar 15 – 27 Apr 15.

On 1 Apr 15, according to documentation provided by the applicant, he was directed to active duty, 10 USC 12301(d), under Reserve Order XXXXX, for a period of 71 days, 28 Apr 15 - 7 Jul 15.

On 7 Apr 15, according to documentation provided by the applicant, he was directed to active duty, 10 USC 12301(d), under Reserve Order XXXXX, for a period of 63 days, 29 Jul 15 - 29 Sep 15.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION

AFRC/FM recommends denying the application.  The applicant continued to accept volunteer orders for a period of two years knowing he was not in the local commute area that was designated by his command.  With the exception of the last two orders the time limit has been exceeded for presenting a claim.  The M4S/CMAS authorizations were not included in the package submitted and no verification of what was authorized could be accomplished.  Assuming the AF Forms 938, Request and Authorization for Active Duty Training/Active Duty Tour, were published per the authorizing M4S/CMAS, the applicant was in a commute status and limited to one round trip mileage reimbursement.  The claims, with the exception of orders XXXXX and XXXXX, have exceeded the time limits under 31 U.S. Code subsection 3702 which states the claim must be received within six years after the claim accrues and allows for the Secretary of Defense to waive the time limit upon request of the Secretary concerned.

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 6 Aug 21 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was not timely filed, but it is in the interest of justice to excuse the delay.

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.  While the Board notes the recommendation of AFRC/FM against correcting the record, the Board finds a preponderance of the evidence substantiates the applicant’s contentions in part.  Specifically, the data reflected in the official MPA orders, which is sufficient to justify granting the applicant’s request for JTR travel entitlements for those orders which have not exceeded the time limits under 31 U.S. Code subsection 3702.  However, for the remainder of the applicant’s request, the evidence presented did not demonstrate an error or injustice, and the Board therefore finds no basis to recommend granting that portion of the applicant’s request.  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 his travel distance was beyond commute and he was authorized benefits in accordance with the Joint Travel Regulation, while called to active duty under the following orders, for the periods specified:

a.	Reserve Order XXXXX, dated 1 April 2015, for a period of 71 days, 28 April 2015 – 7 July 2015.
 
b.	Reserve Order XXXXX, dated 7 April 2015, for a period of 63 days, 29 July 2015 – 29 September 2015.

However, regarding the remainder of the applicant’s request, the Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

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-2021-00452 in Executive Session on 6 Oct 21:

, 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 22 Jan 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFRC/FM, w/atchs, dated 11 May 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 6 Aug 21.

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.