ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  15 October 2019

	DOCKET NUMBER:  AR20170003785


APPLICANT REQUESTS:  reconsideration of his prior request for a waiver of a 
$46,857.54 debt owed to the U.S. Treasury for overpayment of per diem (travel 
entitlements and/or travel advances) from July 2007 to March 2008.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 
   Self-Authored Statement.

FACTS:

1.  Incorporated herein by reference are military records which were summarized in 
the previous consideration of the applicant's case by the Army Board for Correction 
of Military Records (ABCMR) in Docket Number AR20140020482 on 17 May 2016.

2.  The applicant states:

	a.  Enclosure 1 he received stated the evidence presented did not demonstrate 
the existence of probable error or injustice and that the overall merits of his case 
were insufficient as a basis for correction of his records.  His concerns were related 
to G-1 and the policies that were in place when his debt occurred.

	b.  The G-1 advisory opinion recommended debt relief.  The recommendations 
was to relieve him of his debt balance, at the time, of $40,538.26.  He further stated 
the administrative review showed that there was a myriad of administrative errors 
made during the Reserve Component (RC) orders process and RC travel policies 
interpretations made by government officials.

	c.  He indicated that he did not previously receive a copy of the advisory opinion 
and was not given an opportunity to submit rebuttal comments.  He would like the 
time and date the letter mailed, along with the tracking number if it was a registered 
delivery.

	d.  The applicant noted on Items 28 and 29 of the Record of Proceedings (ROP) 
it noted he did not properly submit a request through Human Resources Command 
(HRC) for a remission or cancellation of debt.  He believes he has been penalized 
throughout the process for things that he should have done; however, he was 
advised by both HRC and Defense Finance and Accounting Service (DFAS) to 
submit his request through the Fort Belvoir Military Pay Office.  He subsequently 
received a disapproval memorandum, but was told that is not based on any facts 
related to his circumstances.

	e.  Numerous staffers from the organizations he has coordinated with to request 
relief for the debt have privately supported his claim, yet the G-1 stepped forward 
and provided an unbiased opinion based on the facts presented.   It provides 
vindication of the flaws during the period he incurred his debt and highlighted the 
failures within the system of people, processes, and technology.

	f.  He is disappointed and confused at the crux of his 8 year case now having 
been acknowledged by the G-1 and yet still he is not afforded relief of his existing 
debt.  He respectfully requests the Board concur with the findings and opinion 
provided by the Army G-1 to grant his a full waiver of his debt, or at least 
consideration of a partial relief.

3.  A review of the applicant’s service record shows:

	a.  Having had prior enlisted service in the U.S. Navy and the Oklahoma Army 
National Guard (OKARNG), he was appointed as a Reserve commissioned officer 
on 1 August 1992.  His home of record was listed as Oklahoma City, OK.

	b.  On 1 September 1993, he tendered his resignation from the OKARNG and 
requested transfer to the U.S. Army Reserve (USAR).  Accordingly, he was 
honorably separated from the OKARNG and transferred to the USAR Control Group 
(Annual Training).

   	c.  On 24 March 2007, HRC published Orders A-06-406383R rescinding the
unexecuted portion of Orders A-06-406383, dated 30 June 2004, effective 26 March 
2007.
   
   d.  On 27 March 2007, HRC published Orders A-03-707442 ordering him to 
Active Duty for Operational Support (ADOS), from Chantilly, VA, for 3 months and 4 
days beginning on 27 March 2007 and ending on 30 June 2007. The orders listed 
his place entered on active duty (PLEAD) as Chantilly, VA, and listed his home of 
record as Chantilly, VA.
   
      e.  On 2 July 2007, HRC issued an amendment to Orders M-06-701191
   changing the PLEAD from Chantilly, VA to Melbourne, FL, and the accounting
   classification.
   
      f.  On 9 July 2007, U.S. Army Garrison, Fort Belvoir published Orders 190-0006
   ordering his release from active duty effective 30 June 2007. These orders listed
   his home of record as Chantilly, VA, and his PLEAD as Chantilly, VA. He was
   honorably released from active duty on 30 June 2007. His DD Form 214
(Certificate of Release or Discharge from Active Duty) for this period shows his 
home of record as Chantilly, VA. He had served 5 years, 8 months, and 25 days of 
continuous active duty.
   
   g.  Prior to and in connection with his release from his active duty, on 29 June 
2007, HRC published Orders M-06-701191, releasing him from his current RC status 
and ordering him to report to the 742nd Military Intelligence Battalion, Fort Meade, MD, 
effective 1 July 2007, for Partial Mobilization-Operation Enduring Freedom for a period 
of 365 days. The orders ordered him to active duty (PLEAD) from Chantilly, VA, and 
listed his home of record as Chantilly, VA.
   
   h.  On 2 July 2007, HRC published an amendment to Orders M-06-701191 
changing the address/PLEAD from Chantilly, VA to Melbourne, FL, and the 
accounting classification.

   i.  On 11 January 2008, HRC issued another amendment to Orders M-06-
701191 changing the address/PLEAD from Melbourne, FL, back to Chantilly, VA, 
and the accounting classification/fund cite.

   j.  On 5 February 2008, HRC issued another amendment to Orders M-06-
701191 changing the address/PLEAD back to Melbourne, FL, and the accounting
classification/fund cite.

   k.  On 2 May 2008, HRC published Orders A-05-808264, ordering him to Active,
Duty for Operational Support (ADOS) for 365 days, ending on 29 June 2009. He was 
assigned to the USAR Control Group (Reinforcement) and attached to the 742nd 
Military Intelligence Battalion, Fort Meade, MD, with duty at Chantilly, VA.  The 
orders ordered him to active duty (PLEAD) from Melbourne, FL and listed his home 
of record as Melbourne, FL.

	l.  The applicant’s service records show three DD Form 214s (Certificate of 
Release or Discharge from Active Duty) for his periods of active service, none of the 
three cover the period of dispute.

4.  By regulation, travel and/or transportation allowances are not authorized for travel 
between the home/PLEAD and the place of active duty when: (1) Both are in the 
corporate limits of the same city or town; (2) The member commutes daily between 
home/PLEAD and the place of active duty; or (3) The order-issuing official or 
installation commander determines that both are within reasonable commuting 
distance of each other and that the nature of the duty involved permits commuting. 
However, a member commuting under paragraphs U7150-A 1 b(2) and U7150-A 1 
b(3) is authorized the applicable automobile or motorcycle mileage rate (see par. 
U2600), for one round trip between the duty station and, (a) home, or (b) place of 
unit assignment, or (c) place from which called (or ordered) to active duty.
   
BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found relief 
was not warranted.  The applicant’s contentions and the previous advisory opinion 
were carefully considered.  Notwithstanding the advisory opinion to grant partial 
relief, the Board agreed he was fully aware that he was not entitled to the additional 
pay, and agreed not to amend the previous Board’s decision to deny relief.

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 to amend the decision of the ABCMR set forth in Docket 
Number AR20140020482 on 17 May 2016.

	  
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.


ADMINISTRATIVE NOTE(S):  Not applicable.




REFERENCES:

1. Joint Force Travel Regulation, Paragraph U7150 Reserve Component Travel. A 
(Active Duty with Pay (48 Comp. Gen. 301 (1968)) (1) General:

   a. Applicability. Paragraph U7150-A applies to a RC member called (or ordered) 
to active duty for any reason with pay under an authorization/order that provides for 
return to home or PLEAD.

   b. Travel and Transportation Allowances when a Member Commutes. Travel 
and/or transportation allowances are not authorized for travel between the 
home/PLEAD and the place of active duty when: (1) Both are in the corporate limits 
of the same city or town; (2) The member commutes daily between home/PLEAD 
and the place of active duty; or (3) The order-issuing official/installation commander 
determines that both are within reasonable commuting distance of each other and 
that the nature of the duty involved permits commuting. However, a member 
commuting under paragraphs U7150-A 1 b(2) and U7150-A 1 b(3) is authorized the 
applicable automobile or motorcycle mileage rate (see par. U2600), for one round 
trip between the duty station and, (a) home, or (b) place of unit assignment, or (c) 
place from which called (or ordered) to active duty.

   c. In determinations required by paragraph U7150-A 1 b(3), areas within a 
reasonable commuting distance are described in paragraph U3500-B.  Regarding 
paragraph U7150-A 1 b(3), actual expense allowance (AEA) may be paid, if 
authorized by the member's commanding officer, for any day(s) the nature of the 
duty requires the member to remain overnight and Government quarters and/or 
Government mess are unavailable. For this duty, the member is authorized AEA as 
computed under paragraph U4510 for all meals and quarters, except for the meal 
ordinarily procured when commuting. Payment for local travel within/around the 
member's place of active duty may be authorized under Chapter 3, Part F.

2. JFTR, paragraph U4137 (Allowable expenses when a residence is purchased and 
used for TDY lodging) states a member may purchase and occupy a residence at a 
TDY location. Allowable expenses are the mortgage interest and property taxes, and 
utility cost actually incurred, such as electricity, gas, water, and sewer, prorated 
based on the number of days in the months rather than the actual number of days 
the member occupied the residence. In no case shall the total per diem payable 
exceed the applicable locality rate for the area unless an AEA is authorized and 
approved.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170003785

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