DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 3010-19 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF Ref: (a) Title 10 U.S.C. §1552 (b) DoD Financial Management Regulation (DoDFMR) Vol. 9 (c) Joint Travel Regulations (JTR) (d) DoDI 5154.31, Volume 3 (DTS) Regulations (e) MILPERSMAN 1320-314 (f) MILPERSMAN 1050-270 Encl: (1) DD Form 149 w/attachments (2) Standard Form 182 of 07 Jan 16 (3) DTS 1610 of 13 Jan 16 (4) DTS authorization history of 13 Jan 16 (5) Email correspondence of 22 Jan 16 (6) DTS 1610 & History of 24 Mar 16 (7) SATO Travel locator of 30 Mar 16 (8) DTS 1610 & authorization history of 05 Apr 16 (9) DTS Pre-Audit screen shot (10) DTS 1610 of 07 Apr 16 (11) DTS travel voucher created 25 Apr 16 (12) DTS travel voucher amended & approved 10 May 16 (13) DD 1351-2 of 17 May 16 (14) Petitioner’s Travel Voucher Appeal ltr 10 Jun 16 (15) Command Representative ltr 28 Sep 16 (16) Petitioner’s ltr to DFAS 22 Oct 16 (17) DFAS ltr of 27 Apr 18 (18) DFAS memo of 14 Jun 18 (19) DOHA ltr of 25 Jan 19 (20) Petitioner’s reply to DOHA 06 Feb 19 (21) DOHA reply of 10 May 19 (22) OPNAV memo 7220 Ser N130C1/1971128 (23) Subject’s naval record 1. Pursuant to the provisions of reference (a) Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show that Travel Authorization (DD-1610) order number identified as “ ” be modified as follows. a. Block 11: Return to original itinerary (add: “To: , To: ” before “Return to: FPO , AX2”). b. Block 12: Mark with “X” in “b. Government Air” and “c. Local Transportation Car Rental”. c. Block 14: Return to original amounts of a. Per Diem: “$1,508.75; c. Other: “$1,188.66”; and d. Total “$2,697.41”. d. Block 16: Remove: “No other costs are authorized.” and “Permissive TDY for PE Exam; No Per Diem or Lodging”. e. Travel Voucher (DD-1351-2) identified as: “ ”, Blocks 6 & 7: Address, email, phone updated to those in Block 13 of this form. Blocks 10, 14, 15: Updated to match supplemental voucher submitted on 17 May 16 for unreimbursed expenses. 2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 22 August 2019 and, pursuant to its regulations, determined that the corrective action indicated below be taken on the available evidence of record. Documentary material considered by the Board consisted of the enclosures, relevant portions of Petitioner’s naval record, and applicable statutes, regulations and policies. 3. The Board, having reviewed all the facts of record pertaining to Petitioner’s allegations of error and injustice, finds as follows: a. Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. b. The polices addressed in reference (b) apply to all personnel traveling under orders funded by the Department of Defense. (DoD). It provides supplemental instructions on the payment of allowances authorized by reference (c); the Joint Travel Regulations (JTR). The JTR directly implements the travel and transportation allowances authorized by law for members of the Uniformed Services. General Responsibilities per reference (b) paragraph 0502. (1) Approving Officials. (a) Approve Temporary Duty (TDY) orders. (b) Approve travel claims. (c) If required by DoD Component, approve claims by signing and date the DD 1351-2 Travel Voucher or Subvoucher, and forward approved vouchers to the appropriate travel computation office. If a voucher is disapproved, annotate the reason and return to the traveler for correction or clarification as necessary. c. On 7 January 2016, Petitioner’s training request of December 2015 for Principles and Practice of Engineering (PE) Exam on 15 April 2016, area with estimated travel cost of $2,600.13 is approved by authorizing officials. See enclosure (2). d. On 13 January 2016, utilizing the Defense Travel System (DTS), Petitioner creates and signs Travel Order Number “ ” with estimated cost of $2,697.41. Travel itinerary from , , , , , , . See enclosure (3) and (4). e. On 22 January 2016, Petitioner receives email correspondence with discussions that Petitioner will be liable for PE exam cancellation. See enclosure (5). f. On 24 March 2016, after being adjusted on eight different occasions by personnel other than Petitioner; approving official approves DTS Orders authorization ; cost of travel $582.00 (OTHER-PD). Type of Orders AA-Routine TDY/TAD; TDY Purpose: Training Attendance; Itinerary: From to , Return to . Approx. No. of TDY days (including travel time) “11”. Permissive TDY No per diem authorized. See enclosure (6). (1) Paragraph 051101 of reference (b) states; “A traveler who takes leave, permissive travel, or an administrative absence before or after a funded TDY is entitled to travel allowances from the PDS to the funded TDY location and return to PDS. If the traveler takes leave, permissive travel, or an administrative absence between two TDY locations, the traveler is entitled to allowances for direct travel between the two TDY locations. (2) The following mandatory clause is not included in travel authorization as required by paragraph 5.b.(1) of reference (e). “This permissive travel authorization is issued with the understanding that you will not be entitled to reimbursement for travel, transportation, per diem, or miscellaneous expenses in connection with its execution. If you do not desire to bear these expenses personally, you may choose not to execute this permissive travel authorization and it will be cancelled.” g. On 30 March 2016, SATO Travel agency provides Locator with AMC flight details, rental car, and details. See enclosure (7). h. On 5 April 2016, after being adjusted on three different occasions by personnel other than Petitioner the approving official approved DTS Orders Authorization . Type of Orders: AA-Routine TDY/TAD; TDY Purpose: Training Attendance: Adjusted obligation from $582.00 to $760.00. Amended orders itinerary is the same as original orders approved on 24 March 2016. See enclosure (8). (1) Block 16 of authorization state “Per email from command representatives authorized airfare from/to , for purposes of taking PE exam. No other costs are authorized.” Per references (b) and (c) government funding is not authorized for an administrative absence authorization. Travel to perform TDY or training is performed under a directive type order providing for travel and transportation allowances in the Joint Travel Regulations. Shortage of funding for TDY or training is not justifiable reason for authorizing permissive TDY. (2) Travel Orders “ ” Pre-Audit screen indicate the following. (a) Approved authorization indicates personnel removed lodging estimated cost and reservations from original authorization requested. See enclosure (9), flagged items “2” through “6”. (b) Approved authorization indicates Certificate of Non-Availability (CNA ) issued authorizing use of commercial lodging. A room at the Gov’t DoD lodging facility is not available for the period 04/12/2016 through 04/22/2016. See enclosure (9), flagged item “8”. i. On 7 April 2016, the approving official approved DTS Orders Authorization “ ” which were initially created and signed by Petitioner on 1 April 2016. These orders covered some of the same TDY periods as authorized in DTS authorization “ ”. The type of orders: AA- Routine TDY/TAD; TDY Purpose: Training Attendance: Approx. no. of TDY days “4”; From NAS , To: NAS , Return to: NAS . Estimated cost: $358.50. See enclosure (10). j. During phone conversations with the Examiner Petitioner confirmed that on 12 April 2016, he departed aboard AMC flight MCM4 and arrived at . On 13 April 2016, he departed and arrived in via commercial rental vehicle. On 15 April 2016, he took the PE Exam and departed , arriving at on the same day. k. On 22 April 2016, Petitioner departs via AMC flight and arrives in . l. On 25 April 2016, Petitioner creates and signs DTS travel voucher . Total expenses $1,650.70. Split disbursement $1079.40 to government charge card and $571.30 to traveler. See enclosure (11). m. On 26 April 2016 and 10 May 2016, adjustments are made to Petitioner’s DTS travel voucher by someone other than traveler; per diem previously authorized on DTS Orders “ 01” is removed and voucher is routed to that approving official. Approving official approves adjusted DTS travel claim and routes to Finance for settlement. Finance pays $82.22 to traveler. See enclosure (12). (1) The adjustments made to approval of the traveler’s DTS travel voucher were UNAUTHORIZED per references (b) through (d). If there were unauthorized entitlements claimed by the traveler the DTS travel voucher should returned to the traveler with comments justifying why the document is refused and what adjustments are needed for approval. (2) Non-DTS Entry Agents (NDEA) are the only authorized personnel to create and sign a DTS voucher for the individual traveler. As stated in paragraph 030406 of reference (d), NDEAs are non-accountable Service Members, DoD civilian employees or contractor personnel. Non-accountable officials must not be appointed as Certifying Officials (COs) or Departmental Accountable Official (DAO). NDEAs are authorized to input and digitally sign DTS vouchers (including local vouchers) for travelers that do not have reasonable access to DTS. NDEAs must: (a) Receive a signed DD Form 1351-2, Travel Voucher or Subvoucher; or Standard Form (SF) 1164, Claim for Reimbursement for Expenditures on Official Business; and other required documents for travelers. A printed DD Form 1351-2 or SF 1164 with a Common Access Card verified digital signature is an acceptable alternative to the paper forms. Note: Travelers submit the signed forms in lieu of digitally signing travel vouchers. (b) Use the signed DD Form 1351-2 or SF 1164 to create the DTS voucher. (c) Attached electronic copies of all provided documents to the DTS voucher. (d) Digitally sign the DTS voucher. n. On 17 May 2016, Petitioner prepares and signs travel subvoucher. There is no DTS voucher routing information. See enclosure (13). o. On 10 June 2016, Petitioner submits travel voucher appeal to DFAS. See enclosure (14). p. On 28 September 2016, the Deputy Business Director and NAVFAC SE Comptroller submit a letter to DFAS as a summary of the decision in case of Petitioner’s travel voucher. See enclosure (15). q. On 22 October 2016, Petitioner sends addendum to appeal to DFAS. See enclosure (16). r. On 27 April 2018, DFAS response received. They are unable to settle due to order writing conflicts by the command. See enclosure (17). s. On 14 June 2018, DFAS submits memorandum for Defense Office of Hearings and Appeals Claims Appeals Board (DOHA) review. See enclosure (18). t. On 25 January 2019, DOHA Appeal unfavorable decision released. See enclosure (19). u. On 6 February 2019, Petitioner submits reconsideration request to DOHA. See enclosure (20). v. On 10 May 2019, DOHA reconsideration unfavorable decision returned. See enclosure (21). w. Petitioner contends that he was given directive orders to perform official business (the PE exam) for government benefit at mostly personal expense, after receiving approval for expenses estimated at $2,600. He asserts that his supervisor promised to assist him with reimbursement as long as he followed instructions. He further asserts the supervisor failed to reimburse the voucher in accordance with reference (b) and promised to pay via an SF-1164 and failed to do so. Furthermore, Petitioner asserts that he tried to resolve the settlement issue by an article 1150 complaint, IG complaint and DOHA reconsideration, which all returned with negative responses. x. In correspondence attached as enclosure (22), the office having cognizance over the subject matter addressed in Petitioner’s application has commented to the effect that it appears the initial intent of the command was to issue a set of permissive TDY orders with limited per diem reimbursement for transportation form PDS to TDY site and travel days per diem. They also opined that the foundation for discrepancy was a lack or minimum knowledge of the DTS authorization and auditing process. They did not provide a recommendation due to at the time a pending reconsideration decision from DOHA. CONCLUSION Upon review and consideration of all the evidence of record, and especially in light of enclosure (18), the Board finds the existence of an injustice warranting the following partial corrective action. The Board determined the traveler, routing officials and authorizing officials failed to follow references (b) through (f) to ensure the administrative correctness of the Temporary Additional Duty (TDY), Defense Travel System (DTS) authorization and amended authorization . Reference (d) paragraph 030408 states Travelers may create, amend, and digitally sign DTS authorizations, vouchers, and local vouchers. The DTS routing and authorizing officials made multiple adjustments to the travel authorizations vice returning Petitioner’s request with explanation. The Board also determined Petitioner’s travel voucher was inappropriately adjusted. This improper adjustment was forwarded to the Finance Office by the approving official for settlement. The Finance failed to return the voucher to the member for his approved signature. In addition, the Board determined there was clear communication provided the travel to Tallahassee was Permissive and no rental vehicle authorization was granted. As stated in Enclosure (15) and confirmed by one Board member, the PE Exam is not a required credential for CEC Officers until they reach the pay grade of O4. The Board concluded that the order was self-contradictory, but decided that the original intent was for Permissive TDY for PE exam, and for AA-Routine TDY funded orders from/to , /Naval Air Station , from 12 April 2016 to 22 April 2016. The unorthodox method in which the command modified the travel authorization vice returning it to Petitioner to amend created confusion concerning what was appropriate funded travel. Petitioner failed in his responsibility to know and understand what was final on authorized order prior to commencing travel on April 12, 2016. RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: Petitioner’s Defense Travel System authorization authorized him to execute AA-Routine TDY funded orders ( ) from/to , from 12 April 2016 to 22 April 2016, for the purpose of training attendance, with the following stipulation: Government air travel authorized. Per Diem and Lodging reimbursement authorized while TDY to . Certificate of non-availability obtained from government lodging facility; government billeting was not available to Petitioner at ; commercial lodging is authorized not to exceed the locality rate. Special conveyance/rental vehicle is not authorized. Petitioner’s Defense Travel System authorization authorized him to execute Permissive TDY to from 13 April 2016 to 15 April 2016, with no Per Diem and/or Lodging authorized. That part of Petitioner's request for corrective action that exceeds the foregoing is denied. Note: Command funding will be utilized to provide appropriate reimbursement for TDY travel. Petitioner will submit a supplemental travel claim within five days of receipt of this notification. A copy of the supplemental travel which will be provided with the orders and DD Form 1351-2. A copy of this Report of Proceedings will be filed in Petitioner’s naval record. 4. It is certified that a quorum was present at the Board’s review and deliberations, and that the foregoing is a true and complete record of the Board’s proceedings in the above entitled matter. 5. Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulation, Section 723.6(e)) and having assured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the authority of reference (a), has been approved by the Board on behalf of the Secretary of the Navy. 1/22/2020