IN THE CASE OF: BOARD DATE: 23 March 2023 DOCKET NUMBER: AR20220008853 APPLICANT REQUESTS: •reimbursement of travel and transportation expenses incurred between4 August 2006 and 19 September 2011 •personal appearance (telephone/video) APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: •DD Form 149 (Application for Correction of Military Record) •Self-authored letter, 11 March 2021 •Memorandum – Subject: Request for Early Release from Active Duty (REFRAD),18 January 2011 •Ticket viewer, 3 January 2013 •Passenger Name Record (PNR) Display, 14 April 2010 •Delta Airlines letter, 3 January 2013 •Receipts •Travel Voucher Summary, 11 March 2011 •DD Form 1351-2 (Travel Voucher or Subvoucher), 10 October 2013 •DD Form 214 (Certificate of Release or Discharge from Active Duty),19 September 2011 •Excerpt, Orders Number 200-638, 19 July 2006 •Orders Number 222-387, 9 August 2012 •Orders Number A-08-621251, 15 August 2006 •Defense Finance and Accounting Service (DFAS) letter, 25 October 2011 •DD Form 1351-2, 22 October 2012 •Orders Number A-08-621251A02, 19 September 2007 •Orders Number A-08-621251A03, 25 June 2012 •Orders Number A-09-719318, 19 September 2007 •Orders Number A-09-719318A01, 23 January 2008 •Orders Number A-09-719318A02, 23 April 2008 •Orders Number A-04-807559, 23 April 2008 •Orders Number A-02-904089, 5 February 2009 •Orders Number A-02-904089A01, 28 May 2009 •Orders Number A-02-904089A02, 14 December 2009 •Orders Number A-05-014304, 11 May 2010 •Orders Number A-05-014304A01, 6 August 2010 •Orders Number A-08-022485, 6 August 2010 •Orders Number A-08-022485A01, 18 January 2011 •Receipts •Memorandum – Subject: Iraq Deployment Service, 4 April 2022 •DFAS letter, 11 May 2022 FACTS: 1.The applicant did not file within the 3-year time frame provided in Title 10, U.S. 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 in pertinent part that he deployed to Iraq, Kuwait, and Afghanistan, from 12 November 2006 through 31 March 2010. Due to an injury sustained while he was deployed, he was medically retained for care and treatment. He was initially assigned to Fort Dix, NJ, but subsequently transferred to Fort Lewis, WA, until he was released from active duty on 19 September 2011. He contests that despite multiple attempts for reimbursement, he has only been reimbursed a total of $371.35 worth of travel related expenses incurred during his deployment. In response to his previous submissions, he was advised to provide copies of his supporting deployment orders to Iraq (12 November 2006). He has provided said orders. However, recently he realized he did receive travel orders with the deployment. On 19 July 2006, he received Orders Number 200-638, placing him on active-duty, effective 4 August 2006, in support of Operation Iraqi Freedom. He reported Fort Dix, NJ, on 12 November 2006, however, he did not receive the corresponding orders authorizing travel from Fort Dix, NJ, to Iraq. Ultimately, he was mobilized and deployed to Iraq/Afghanistan for 43 months. During his deployment, he received multiple sets of orders. Several of the issued orders contained gaps in his service period(s).3.A review of the applicant's available service records reflects the following:a.On 15 July 2003, the applicant enlisted in the Army National Guard (ARNG). b. On 24 January 2005, the ARNG issued Orders Number 024-438 ordering the applicant to active duty in support of Operation Guantanamo Bay, effective 14 February 2005, for a period not to exceed 545 days. c. On 19 July 2006, ARNG issued Orders Number 200-638, ordering the applicant to active duty, effective 1 August 2006, in support of Operation Iraqi Freedom (OIF). This order was issued in support of Permanent Orders Number 1A-06-198-006, dated 17 July 2006 d. On 15 August 2006, the U.S. Army Human Resources Command (HRC) issued Orders Number A-08-621251 ordering the applicant to active duty in support of OIF, with a report date of 7 May 2007, not to exceed 287 days. Travel to and from Home of Record (HOR) is authorized. Service members are required to submit their travel claim to DFAS upon completion. e. On 19 September 2007, HRC issued Orders Number A-08-621251A02, amending Orders Number A-08-621251 to reflect a 4 month 28 day period of active duty; end date 4 October 2007. HRC also issued Orders Number A-09-719318, ordering the applicant to Active Duty for Operational Support (ADOS), effective 5 October 2007, for a period of 8 months 5 days; end date of 9 June 2008; duty location: Kuwait. f. On 23 April 2008, HRC issued Orders Number A-09-719318A02, amendingOrders Number A-09-719318 to reflect 226 days period of active duty end date of 17 May 2008. HRC also issued Orders Number A-04-807559, ordering the applicant to ADOS, effective 18 May 2008, for 317 days; end date 30 March 2009; duty location: Afghanistan. g. On 5 February 2009, HRC issued Orders Number A-02-904089, ordering the applicant to ADOS, effective 31 March 2009, for 365 days; end date of 30 March 2010; duty location Afghanistan. h. On 11 May 2010, HRC issued Orders Number A-05-014304, retaining the applicant on active duty with duty at Fort Dix, NJ, effective 31 March 2010, for a period of 358 days, end date 23 March 2011. i. On 6 August 2010, HRC issued Orders Number A-05-014304A01, amending Orders Number A-05-014304 to reflect 138 days period of active duty with an end date of 15 August 2010. HRC also issued Orders Number A-08-022485, retaining the applicant on active duty with duty at the Warrior Transition Unit, Fort Lewis, WA, effective 16 August 2010, for a period of 220 days, end date 23 March 2011. j. On 18 January 2011, HRC issued Orders Number A-08-022485A01, amending Orders Number A-08-022485 to reflect 402 days period of active duty, end date 21 September 2011. This order also changed the funding/line of accounting associated with the initial orders issued. k.On 19 September 2011, the applicant was released from active duty.l.On 5 August 2015, the ARNG issued Orders Number 217-1070 dischargingthe applicant from the ARNG and reassigning him to the U.S. Army Reserve Control Group (Retired Reserve), effective 15 July 2015. m.On 14 April 2021, HRC issued Orders Number C04-192469, retiring the applicantand placing him in the retired list, effective 20 February 2018. 4.The applicant provides: a.Self-authored letter dated 11 March 2021, reflective of the sequence of events and efforts made by the applicant to address his travel reimbursement. This letter is provided in its entirety within the supporting documents for the Board's review. b. Memorandum – Subject: Request for Early REFRAD dated 18 January 2011, pertaining to the applicant's REFRAD being approved with a release no later than 21 September 2011. c. Ticket viewer dated 3 January 2013, reflective of the applicant's airline ticket ($372.70) for travel from , to , on 14 April 2010. d. Passenger Name Record Display dated 14 April 2010, reflective of additionalinformation pertaining to the applicant's travel from , to , on 14 April 2010. e. Delta Airlines letter dated 3 January 2013, reflective of the applicant being provided with a copy of his airline ticket receipt. f.Receipts associated with travel related expenses incurred in April 2010. g.Travel Voucher Summary dated 11 March 2011, reflective of the applicant beingentitled to and further paid $371.35 for travel related expenses incurred between 4 August 2006 and 30 September 2006. h.DD Form 1351-2 dated 10 October 2013, reflective of the applicant's submittedrequest for travel reimbursement associated with Orders Number 200-638, from 1 August 2006 – 11 September 2006. i.Orders Number 222-387 dated 9 August 2012, reflective of Orders Number200638 being amended to change the line of accounting utilized for payment of the expenses associated with this period of active duty. j.DFAS letter dated 25 October 2011, reflective of the applicant being advised thathis submitted travel reimbursement claim was being returned due to Orders Number 200-638 being void of a Fiscal Year (FY) 07 Line of Accounting (LOA), Orders NumberA-08-621251 being void of a FY08 LOA, Orders Number A-02-904089A01 requiresamendment to reflect an FY09 and FY10 LOA. The applicant was also made aware ofother areas of his submitted DD Form 1351-2 that required corrections. k.DD Form 1351-2 dated 22 October 2012, reflective of the applicant's submittedrequest from travel reimbursement associated with Orders Number 200-638 from 1 August 2006 – 3 January 2008. l.Orders Number A-08-621251A03 dated 25 June 2012, reflective of OrdersNumber A-08-62151 being amended to reflect a change in the LOA. m.Orders Number A-09-719318A01 dated 23 January 2008, reflective of OrdersNumber A-09-719318 being amended to reflect a change in the LOA the applicant being directed to contact the housing office; required to obtain a statement of nonavailability if housing was not available. n.Orders Number A-02-904089A01 dated 28 May 2009, reflective of OrdersNumber A-02-904089 being amended to reflect a change in the LOA. o.Orders Number A-02-904089A02 dated 14 December 2009, reflective of OrdersNumber A-02-904089 being amended to reflect a change in fund cites and LOA. p.Receipts reflective of travel related expenses (rental car, lodging) incurredbetween 12 April 2010 and 14 April 2010. q.Memorandum – Subject: Iraq Deployment Service dated 4 April 2022, reflectiveof the applicant's former platoon leader validating the applicant's service in Iraq from 14 November 2006 – 9 September 2007. He does not recall if the applicant extended after this period of time. r.DFAS letter dated 11 May 2022, reflective of the Director, Travel Mission Arearequesting Orders Number 200-638 to be amended to reflect a valid LOA for FY07. She also requires a copy of the applicant's original deployment order in order to process his travel settlement. Further, their office requests that in lieu of travel orders to Iraq, that they be permitted to consider utilizing his supporting documentation from when his deployment to Iraq began. The applicant notes that he is owed approximately $4,800.00 in reimbursable travel related expenses. This letter is further provided in its entirety for the Board’s review within the supporting documents. 5.The Department of the Army, Office of the Deputy Chief of Staff, G-1, Branch Chief,Travel and Transportation, provided an advisory opinion recommending approval of theapplicant's submitted request noting that on 11 May 2022, DFAS (paragraph 4r. above)addressed the events and reasons why they were unable to settle the applicant's claim. 6.On 6 March 2023, the applicant was provided with a copy of the advisory opinionand afforded 15 days to provide comments. As of 21 March 2023, the applicant had notresponded. BOARD DISCUSSION: 1.After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found relief is warranted. The Board found the available evidence sufficient to consider this case fully and fairly without a personal appearance by the applicant.2.The Board concurred with the advisory official’s recommendation for relief in this case. The Board determined the applicant’s record should be corrected to show the documents he has submitted were accepted as the basis for calculating reimbursable travel expenses and paying him any monies he is due. The Board further determined that Headquarters, National Guard, Office of the Adjutant General, Orders Number 200-638, 19 July 2006, should be amended by the appropriate office to reflect a valid LOA for FY07. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army and Army National Guard records of the individual concerned be corrected by showing the documents he has submitted were accepted as the basis for calculating reimbursable travel expenses and paying him any monies he is due. The Board further recommends that Headquarters, National Guard, Office of the Adjutant General, Orders Number 200-638, 19 July 2006, be amended by the appropriate office to reflect a valid LOA for FY07. Microsoft Office Signature Line... 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 militaryrecords must be filed within 3 years after discovery of the alleged error or injustice. Thisprovision of law also allows the ABCMR to excuse an applicant's failure to timely filewithin the 3-year statute of limitations if the ABCMR determines it would be in theinterest of justice to do so. 2.Joint Travel Regulation (JTR) implements policy and laws establishing travel andtransportation allowances of Uniformed Service members and Department of Defense(DoD) civilian travelers. It also implements station and certain other allowances. TheJTR has the force and effect of law for travelers and implements statutory regulationsand law for DoD civilian travelers. The amount of reimbursement depends upon the typeof transportation authorized or approved, the type of transportation available, and thetype that the traveler actually uses. The per diem allowance is a daily rate meant tocover living expenses. It provides the maximum amount a traveler may be reimbursedfor lodging, meals, and incidental expenses. The per diem is based on the rate of theauthorized stopover point or official duty location.Each service or DoD Agency mustauthorize or approve only the travel necessary to accomplish the Government's missioneffectively and economically while establishing internal controls to ensure that only suchtravel is authorized. An official responsible for directing travel or approvingreimbursement is also responsible for ensuring that funds are used for official travel purposes and in accordance with the conditions prescribed in the JTR.Unless stated otherwise in the JTR, the Service or Agency cannot reduce allowances or deny reimbursements because of limited DoD travel funds. In addition, a Service or Agency cannot direct a traveler to travel at personal expense or at reimbursement rates or amounts inconsistent with the JTR. 3.Army Regulation 600-8-105 (Military Orders) provides that mobilization-relatedorders may be published at the Headquarters Department of the Army (HQDA) level(AHRC), CONUSA level, or installation level (mobilization station). The home station,losing installation, or the CRC normally publishes deployment orders. CONUSA and thetransition center located at the demobilization station publishes demobilization orders.Travel orders direct the movement of unit or personnel from one location to another.Operational support orders direct units and Soldiers on temporary assignments, orderpersonnel or units to active duty from an inactive duty status and return them to inactiveduty status when designated active-duty assignment has been complete. The OrderAuthorizing Official (AO) ensures that costing is reasonable, entitlements are authorizedunder governing regulations, the correct accounting citation and traveler's disbursingstation symbol number and the order is properly distributed. The AO enters theaccounting classification chargeable for advance payments, including appropriation,element of resource, document reference number, and fiscal station number. Thisofficial also ensures that the authorization has been signed by the appropriate official ora designated representative who certifies funds availability. 4.The Barring Act, 31 USC, section 3702 states that the Secretary of Defense shallsettle claims involving uniformed service members' pay, allowances, travel,transportation, payments for unused accrued leave, retired pay, and survivor benefits.A claim against the Government presented under this section must contain thesignature and address of the claimant or an authorized representative. The claim mustbe received by the official responsible under subsection (a) for settling the claim or bythe agency that conducts the activity from which the claim arises within 6 years after theclaim accrues. A claim that is not received in the time required under this subsectionshall be returned with a copy of this subsection, and no further communication isrequired. 5.AR 15-185 (ABCMR) prescribes the policies and procedures for correction of militaryrecords by the Secretary of the Army, acting through the ABCMR. The ABCMR may, inits discretion, hold a hearing or request additional evidence or opinions. Additionally, itstates in paragraph 2-11 that applicants do not have a right to a hearing before theABCMR. The Director or the ABCMR may grant a formal hearing whenever justicerequires. //NOTHING FOLLOWS//