ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: . BOARD DATE: 5 December 2019 DOCKET NUMBER: AR20160019023 APPLICANT REQUESTS: reimbursement for travel expenses in the amount of $8,647 that were incurred on 15 August 2015. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self-Authored Letter, dated 6 March 2017 * Medical Record, dated 27 July 2015 * Medical Record, dated 29 July 2015 * Request for Early Return of Dependent (ERD), dated 5 August 2015 * Medical Record, dated 6 August 2015 * DD Form 1351-2 (Travel Voucher), dated 18 April 2016 * Congressional Inquiry, 23 August 2019 * ARBA response to Congressional inquiry, dated 6 September 2019 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states that he is requesting reimbursement for United Airlines tickets dated 15 August 2015 for $8,647. His spouse was unsuccessfully treated at the Naval Hospital Okinawa for about a year and a half after the birth of twins. They sought specialized treatment in Texas as result of the lack of available treatments in Okinawa. Please see his spouse medical records for medical issues and treatment. His spouse requested to be referred to obstetrics and gynecology for her issues but was denied because her labs did not support a referral. His spouse was diagnosed with atrophy of the abdominal muscles due to lack of nutrition and surgery would not allow the doctor to correct her sever diastral-recti tear due to paper thin stomach muscles. He further states that, Exceptional Family Member (EFMP) documents were reportedly loaded into the health artifact and image management solution (HAIMS). However, the documents were never uploaded even though her medical records say that they were. He attempted to obtain an early return of dependents (ERD) through his command but was told that approval would take four months and by then he would receive his change of duty station orders. His spouse obtained a military aircraft flight but the applicant was told to stand down because his chain of command wanted to complete an ERD packet. A letter for ERD was provided to his spouse via the chaplain. The applicant’s chain of command suggested that she see a Japanese doctor with an interpreter or have the hospital send an ERD for his spouse to return home. His spouse could not get the naval hospital to assist with her medical issues so the applicant out of concern for his spouse’s health purchased tickets to send her home with his kids so that she could receive treatment from a specialist. Once she saw the specialist in the United States, she was diagnosed with Polycystic Ovarian Syndrome. The applicant was assisted at Fort Hood with completing a travel voucher for himself and his family. The applicant’s travel voucher was approved but his spouses travel voucher was denied due to the travel date being prior to the date of the orders. The applicant seeks reimbursement for costs for his family which is a huge financial burden on his family. 3. The applicant provides a self-authored letter that states the he uploaded all requested documents to his application. He sought assistance through his command and when that failed the used the next available means to get his spouse back home for medical treatment which resulted in $8,647 travel expense when his spouses travel voucher was denied. He also provides copies of: * Medical Record, dated 27 July 2015, which shows the applicant’s spouse requested a letter endocrinologist; EFMP paperwork completed and uploaded into HAIMS; physician agrees with prior assessment need for endocrinology referral * Medical Record, dated 29 July 2015, the applicant’s spouse was seen for weight gain and a tear from C-section; patient states that she is trying to fly home to see endocrinologist and would like to get an ERD form so that she can fly back home for treatment * Request for (ERD), dated 5 August 2015 shows that the applicant requested to send his dependents back to the United States for medical treatment * Medical Record, dated 6 August 2015, shows the applicant’s spouse was treated for weight concerns, hair loss and irregular periods * DD Form 1351-2 (Travel Voucher), dated 18 April 2016, shows the applicant applied for reimbursement in the amount $8,647 * Congressional Inquiry, 23 August 2019, shows that congressman X__ X__ requested information in regards the applicant’s case * ARBA response to Congressional inquiry, dated 6 September 2019, states that the applicant has an open case and that it will be processed for consideration by ABCMR and cannot give an exact date of completion due to backlog 4. A review of the applicant’s service record shows the following: a. He enlisted in the Regular Army on 16 November 2011. b. Orders 323-0003, dated 19 November 2015, releases the applicant from active duty effective 15 June 2016. c. His was released from active duty on 15 June 2016 with honorable character of service. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows that he completed 4 years, 7 months and 2 days of active duty service. d. Orders D-05-911917, dated 7 May 2019, discharges the applicant from the U.S Army Reserve effective 7 May 2019. e. An advisory opinion, dated 5 November 2019, states that the documents provided by the applicant regarding his request to receive reimbursement for dependent travel expenses incurred in August 2015 priced to issuance of his separation orders dated 10 November 2019 were carefully reviewed by this office and they recommend disapproval. They further stated that the applicant failed to provide documented medical evidence that medical services were not available at his duty location or that the applicant’s spouse health was at risk by remaining in Japan until he received his transfer orders to the reserve component in November 2015. Moreover, by his own admission, his chain of command did not support the ERD. In their view, there was no injustice or error committed on this case. 5. Joint Travel Regulation (Uniformed Service Member and DOD Civilian Employees) chapter 5, 050804 (Early Return of Dependents) states that this applies to situations when a command sponsored dependent, who is at a permanent duty (PDS) station outside the continental United States (OCONUS), returns to a designated place a government expense before the service member receives official notice of a permanent change of station (PCS) from the PDS OCONUS: a. Reasons for return must be caused by the one of the following * An official situation * Matter of national interest * Personal situation at the PDS OCONUS * Disciplinary action is taken against a service member b. Dependent travel orders: a dependent must begin travel before the service member is issued a new PCS order from the PDS OCONUS, except for travel for disciplinary reasons. 6. Joint Travel Regulation (Uniformed Service Member and DOD Civilian Employees) chapter 5, 050804 (F)(2) (Dependent Travel Due to Personal Situations) states that the appropriate authority determines or agrees that local resources cannot resolve the problem except when death, serious illness, or incapacitation of a dependent or compelling personal reasons, when a dependent travels without an order, no reimbursement is authorized for such travel even though an order is later issued. 7. Joint Travel Regulation (Uniformed Service Member and DOD Civilian Employees) chapter 5, paragraph 020207 (Reimbursement for Commercial Transportation) currently in effect, states that, Commercial Air, Train, Ship, or Bus Transportation a traveler is reimbursed the authorized or approved transportation cost, which includes the fare and the TMC () fee. If a traveler uses government procured transportation for part of a leg of travel., reimbursement to a traveler must be reduced by the cost of the cost of the government-procured transportation. However, advanced seat assignment and additional fee seating is a personal choice. Any fee incurred for changing the seas assignment is not reimbursed unless it is in the government’s interest, such as would be the case for an eligible traveler with a medical or special need. 8. Joint Travel Regulation (Uniformed Service Member and DOD Civilian Employees) chapter 5, paragraph 020207(E) currently in effect, states that reimbursement when a travel management center (TMC) is available but not used) when TMC is available but not used by a traveler, reimbursement for transportation costs is limited to the amount that the government would have paid if the arrangements had been made directly through a TMC. Transaction fees are not reimbursable, as it should be extremely rare that a TMC is not available. 9. Joint Travel Regulation (Uniformed Service Member and DOD Civilian Employees) chapter 5, paragraph 020208 (Reimbursement for Commercial Transportation) currently in effect, states that an area of operation may direct a traveler to use government transportation, such as a plane, ship, or bus over a usually traveled rout. When a traveler does not use the directed mode, reimbursement is not allowed. A traveler is not ordinarily charged for baggage expenses when using government transportation. The AO must authorized or approve any charges for excess accompanied baggage. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was not warranted. Based upon the advisory opinion findings and recommendations, as well as, in the Board’s view, the decision to transport dependents back for medical care was a personal decision, not a medical requirement as reflected in enclosed medical documents, the Board concluded that there was insufficient evidence of an error or injustice which would warrant reimbursing the applicant for travel expenses. ? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X X X DENY APPLICATION 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. 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Joint Travel Regulation (Uniformed Service Member and DOD Civilian Employees) chapter 5, 050804 (Early Return of Dependents) states that this applies to situations when a command sponsored dependent, who is at a permanent duty (PDS) station outside the continental United States (OCONUS), returns to a designated place a government expense before the service member receives official notice of a permanent change of station (PCS) from the PDS OCONUS: a. Reasons for return must be caused by the one of the following * An official situation * Matter of national interest * Personal situation at the PDS OCONUS * Disciplinary action is taken against a service member b. Dependent travel orders: a dependent must begin travel before the service member is issued a new PCS order from the PDS OCONUS, except for travel for disciplinary reasons. 3. Joint Travel Regulation (Uniformed Service Member and DOD Civilian Employees) chapter 5, 050804 (F)(2) (Dependent Travel Due to Personal Situations) states that the appropriate authority determines or agrees that local resources cannot resolve the problem except when death, serious illness, or incapacitation of a dependent or compelling personal reasons, when a dependent travels without an order, no reimbursement is authorized for such travel even though an order is later issued. 4. Joint Travel Regulation (Uniformed Service Member and DOD Civilian Employees) chapter 5, paragraph 020207 (Reimbursement for Commercial Transportation) currently in effect, states that, Commercial Air, Train, Ship, or Bus Transportation a traveler is reimbursed the authorized or approved transportation cost, which includes the fare and the TMC () fee. If a traveler uses government procured transportation for part of a leg of travel., reimbursement to a traveler must be reduced by the cost of the cost of the government-procured transportation. However, advanced seat assignment and additional fee seating is a personal choice. Any fee incurred for changing the seas assignment is not reimbursed unless it is in the government’s interest, such as would be the case for an eligible traveler with a medical or special need. 5. Joint Travel Regulation (Uniformed Service Member and DOD Civilian Employees) chapter 5, paragraph 020207(E) currently in effect, states that reimbursement when a travel management center (TMC) is available but not used) when TMC is available but not used by a traveler, reimbursement for transportation costs is limited to the amount that the government would have paid if the arrangements had been made directly through a TMC. Transaction fees are not reimbursable, as it should be extremely rare that a TMC is not available. 6. Joint Travel Regulation (Uniformed Service Member and DOD Civilian Employees) chapter 5, paragraph 020208 (Reimbursement for Commercial Transportation) currently in effect, states that an area of operation may direct a traveler to use government transportation, such as a plane, ship, or bus over a usually traveled rout. When a traveler does not use the directed mode, reimbursement is not allowed. A traveler is not ordinarily charged for baggage expenses when using government transportation. The AO must authorized or approve any charges for excess accompanied baggage. NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20160019023 4 1