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) Joint Travel Regulations 
 
Encl:   (1) DD Form 149 of 13 Aug 19 
            (2) BUPERS Order 1788 of 20 Dec 18 
            (3) Certificate of Non-availability (CNA) of 12 Feb 19 
            (4) Welcome aboard letter 
            (5) CO’s ltr 1000, Ser N00/071 of 14 Feb 19 
            (6) Detailer’s email of 23 Feb 19 
            (7) Rental vehicle receipt 
            (8) PERS-40CC email of 23 Jul 19 
        (9) CNO memo 7220 Ser N130C1/20U0002 of 2 Jan 20 
         
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 authorize rental vehicle during temporary duty under instruction (TEMINS) in route to permanent duty station. 
                                              
2.  The Board reviewed Petitioner’s allegations of error and injustice on April 9, 2020 and, pursuant to its regulations, determined that the corrective action indicated below should 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.  Paragraph 020101, Transportation Allowance states:  The government will consider the needs of the traveler, the purpose of the travel, the cost, and other factors then do one of the following. 
 
          (1) Provide Government transportation. 
          (2) Purchase commercial transportation on behalf of the traveler. 
          (3) Reimburse the traveler for personally purchased transportation. 
          (4) Reimburse the traveler for the use of a privately owned vehicle (POV). 
 
     c.  On December 20, 2018, Petitioner issued BUPERS Order 1788, official modification to Permanent Change of Station (PCS) orders with intermediate activity.  Petitioner directed to report on March 10, 2019 to Student Navy Reserve Professional Development Center located on .  Orders contained no additional information or instructions concerning lodging, meals, and/or transportation for the intermediate activity.   
See enclosure (2) 
 
     d.  On February 12, 2019, Petitioner receives certificate of non-availability for government quarters.  Welcome aboard letter provided by the installation states there is no public transportation to and from base and rental vehicles are mandatory if not lodging on base due to taxi cabs are not allowed on base.  See enclosures (3) and (4) 
 
     e.  On February 14, 2019, Petitioner’s Commanding Officer signs rental vehicle request which is sent to Petitioner’s detailer for action.  See enclosure (5) 
 
     f.  On February 23, 2019, Petitioner receives email from detailer with attached instructions for the rental vehicle request to be sent to Commander, Navy Personnel Command (COMNAVPERS) PERS-40CC.  See enclosure (6) 
 
     g.  On March 10, 2019, Petitioner arrives in  and checks out rental vehicle after arriving in  and returns it on March 22, 2019, total cost $441.33.  See enclosure (7) 
 
     h.  On July 23, 2019, Petitioner emails representative from PERS-40CC.  Representative replies with attached copy of July 2, 2019 order modification request, which was denied.  Denial states that another sailor attended the same course of instruction and resided in the same lodging facility of the Petitioner, therefore, special conveyance reimbursement is considered not advantageous to the government pursuant the Joint Travel Regulations (JTR).  See enclosure (8) 
 
     i.  The petitioner contends that the other sailor who attended the course was not from his command and he had no prior knowledge or was provided by his command of who was attending the course of instruction.  The petitioner asserts that he was under the assumption his command was going to submit the rental vehicle request to PERS-40CC and due to miscommunication, he did not inquire if the rental vehicle approval had been given. 
 
     j.  In correspondence attached as enclosure (9), the office having cognizance over the subject matter addressed in Petitioner’s application has commented to the effect that the request has no merit and warrants unfavorable action. 
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, and especially in light of the contents of enclosure (2), the Board finds the existence of an injustice warranting the following corrective action.  The Board determined administrative errors by all parties concerned in the proper instructions and communication in regards to transportation while on temporary duty.  The Board concluded the government is required to provide transportation as stated in reference (b) while attending the course of instruction in  from March 10, 2019 through March 22, 2019, therefore, relief is warranted. 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner submitted rental vehicle request prior to executing travel on March 10, 2019.  Authorizing Official (AO) approved rental vehicle request.   
 
Authorizing Official certified that Transportation Management Company (TMC) is not available to arrange the required official transportation.  Petitioner receives reimbursement for the actual authorized or approved transportation costs, including the transaction fee.  The total transportation cost will NOT exceed the policy-constructed fare that meets mission requirements. 
 
Note:  COMNAVPERS will provide Petitioner with orders authorization granting Rental vehicle for travel conducted to  from March 10, 2019 through March 22, 2019 in connection with enclosure (2). 
 
Note:  Once authorization with appropriate funding data is received the Petitioner directed to file supplemental travel claim within five (5) working days. 
 
Note:  Defense Finance & Accounting Service (DFAS) will complete an audit of Petitioner’s records to determine if Petitioner is due any back pay and allowances. 
                                                             
A copy of this Report of Proceedings will be filed in Petitioner’s naval record. 
 
4.  It is certified that 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.  The foregoing action of the Board is submitted for your review and action.   
                

 
 
 
 

 
 
 
Reviewed and Approved 
 
                                                                               7/6/2020