BOARD DATE: 14 April 2016 DOCKET NUMBER: AR20150005800 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x_____ ___x_____ __x___ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 14 April 2016 DOCKET NUMBER: AR20150005800 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ___________x______________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. BOARD DATE: 14 April 2016 DOCKET NUMBER: AR20150005800 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, correction of his records to show he was authorized temporary duty (TDY) travel to attend the Operational Contract Support Course at Fort Lee, VA and reimbursement for travel to attend this training course. 2. The applicant states: a. When he submitted a travel voucher for reimbursement he was told that an Army Regulation 15-6 (Procedures for Investigating Officers and Boards of Officers) investigation was being conducted to look into his school attendance. After the investigation was complete, his commander told him he would receive reimbursement. However, he did not receive reimbursement. b. After he filed a Congressional complaint, the Congressional Liaison stated his unit would submit the required paperwork for his reimbursement; however, this never happened. c. He sought legal assistance; the legal office told him to resubmit his Congressional complaint. He submitted the Congressional complaint a second time. A Congressional; Liaison told him that he was not approved for school; which was false. He submitted the Congressional complaint a third time. This time he was notified by a Congressional Liaison that the 3rd Infantry Division stated he needed to submit a DD Form 149 (Application for Correction of Military Record) to correct this issue because his unit was deactivated. 3. The applicant provides: * Certificate from the U.S. Army Logistics University, dated 25 June 2010 * Memorandum, Subject: TDY (Operational Contract Support Course), dated 27 June 2010 * DD Form 214 (Certificate of Release or Discharge from Active Duty) * DD Form 1610 (Request and Authorization for TDY Travel of Department of Defense (DOD) Personnel), (back page) * Letter from the Deputy Chief of Staff, Headquarters U.S. Army Maneuver Center of Excellence, Fort Benning, GA, dated 27 May 2011 * Letter from the Chief of Staff, Headquarters, Fort Stewart and Hunter Army Airfield, dated 12 September 2014 * Photocopy of a Constituent Services Representative business card * DD Form 827 (Application for Arears in Pay) (blank copy) * Army Training Transcript, dated 23 May 2015 * Self-authored statement, dated 23 May 2015 CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant enlisted in the Regular Army on 3 December 1987 and continued to serve on active duty through a series of reenlistments. He served overseas assignments in Germany, Saudi Arabia, Korea, and Haiti. 3. He provided a Certificate from the U.S. Army Logistics University at Fort Lee, VA, showing he graduated from the Operational Contract Support Course (80 hours) on 25 June 2010. 4. He provided the back page of a DD Form 1610, which shows the mileage expense for travel from Fort Benning, GA to Fort Lee, VA from 13 June 2010 to 26 June 2010. The form states, "Soldier attending Operational contracting Representative Course 13-26 June 2010 at Fort Lee, VA." 5. He provided an Army Training Transcript showing he completed the Operational Contract Support Course on 25 June 2010. 6. He provided a Memorandum, from the commanding officer of the 13th Combat Sustainment Support Battalion, dated 27 July 2010, which shows he was "authorized TDY to attend the Operational Contract Support Course at Fort Lee, VA from 13 to 26 June 2010." The memorandum also states, "Soldier authorized lodging, meals, laundry, use of POV [privately owned vehicle] and in/and around mileage." The approving official did not sign the memorandum. 7. He was retired from active duty on 31 December 2010. His DD Form 214 shows he completed the Operational Contract Support Course in 2010. 8. He provided the following documents that show: a. a letter from the Deputy Chief of Staff, Headquarters, U.S. Army Maneuver Center of Excellence, dated 27 May 2011, informing a Congressman that: * the applicant did not initially receive pay for TDY travel conducted in June 2010 * the delay in payment initially resulted from the travel being under an official investigation to ascertain its proper authorization * the investigation was completed in December 2010 and the applicant was exonerated of any wrong-doing * the applicant should have received payment following the investigation; however, the administrative coordination for that transaction was not completed * the command made appropriate adjustments to prevent similar circumstances from reoccurring * the applicant is being reinstated into the Defense Travel System (DTS) in order to receive reimbursement * the process may take up to six weeks * the applicant has been informed of the latest status on his payment and indicated he is satisfied with the outcome b. a letter from the Chief of Staff, Headquarters, Fort Stewart and Hunter Army Airfield, Fort Stewart, GA, dated 12 September 2014, informing a Congressman that: * a thorough review was conducted into the applicant's allegation that he did not receive reimbursement for travel to attend a training course at Fort Lee, VA (FLVA) in October 2010 * the applicant was not reimbursed for his travel in 2010 because he did not obtain and submit the required authorization to attend the course * the DTS documents indicate that the applicant's travel request to FLVA was returned to him on 8 June 2010 because he did not submit a valid school packet * his travel request was canceled in the DTS on 13 June 2010 for this deficiency * this status prevented the publication of official TDY orders * the applicant should not have attended the course without submitting a signed DD Form 1610 authorized by an appropriate supervisor * the chain of command initiated a formal investigation into the applicant's situation * the approved findings concluded the applicant was in a pending "wait" status for the course and not an "authorized and approved" status to attend the course * since the applicant was not authorized to attend the course, he is not authorized reimbursement for his travel expenses accrued during his trip to FLVA in October 2010 c. a letter, dated 23 May 2015, showing he informed a staff member of the Army Review Boards Agency that he was awaiting a copy of his DA Form 1059 (Service School Academic Evaluation Report). He included a copy of his Operational Contract Support Course completion certificate and his DD Form 214 highlighting his successful completion of the course. He also included a DD Form 1610 that was created to resolve this issue and a memorandum that was provided to him by the school's noncommissioned officer at that time, which required the signature of the Rear Detachment Brigade Commander. The commander's signature was not on the copy he was given. He states he has been trying to resolve this issue for 5 years. His course was from 13 to 26 June 2010 with one day authorized travel prior to attending and one day upon completion of the course. The mode of transportation was POV and lodging was authorized. REFERENCES: Joint Federal Travel Regulations (JFTR), Volume 1, governs policy pertaining to per diem, travel and transportation allowances, relocation allowances, and certain other allowances of Uniformed Service Active Duty and Reserve Component members. Section 4101 states unless otherwise specifically provided for or restricted in JFTR, the per diem prescribed in this Part applies for all TDY periods, and related travel, including but not limited to the following: * Periods of necessary delay awaiting further transportation * Periods of delay at POEs and PODs ICW a PCS * TDY periods directed in a PCS order * Delays to qualify for reduced travel fares (par. U4326-E) DISCUSSION: 1. The applicant contends that he should receive reimbursement for TDY travel to attend school. 2. The evidence of record shows he completed the Operational Contract Support Course on 25 June 2010 at Fort Lee, VA. 3. The applicant's service record is void of evidence, such as an approved DD Form 1610 or PCS orders authorizing him TDY, to show he attended this course with prior authorization. 4. The JFTR only authorizes per diem for TDY periods directed in a PCS order. There is no evidence of record and he did not provide sufficient evidence to show that his command issued official orders to place him in a TDY status to attend the training course at Fort Lee, VA 5. The 27 July 2010 memorandum from the commanding officer of the 13th Combat Sustainment Support Battalion he provided indicates he was authorized TDY to attend the course in question; however, this document was not signed by the authorizing official. 6. He provided a copy of a DD Form 1610 that was missing the front page. The front page of this document is required to verify whether the authorizing official approved his TDY. 7. The evidence of record indicates that the applicant choose to attend the course prior to obtaining orders. His decision to act without orders does not constitute an error or injustice on the part of the Department of the Army. 8. Based on the guidance provided in the JFTR, and in the absence of the appropriate official documents authorizing his TDY travel to attend the Operational Contract Support Course at Fort Lee, VA, there is insufficient evidence to justify correcting his record to authorize reimbursement. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150005800 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150005800 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2