.
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECO
RECORD OF PROCEEDINGS
IN THE MATTER OF:
DOCKET NUMBER: 97-00999
COUNSEL : NONE
HEARING DESIRED: NO
-
APPLICANT REQUESTS THAT:
He be reimbursed $271.00 for the cost of an airline ticket that
he purchased 65 days prior to the issuance of his travel orders
from a Commercial Travel Office (CTO) not under contract to the
Federal Government.
APPLICANT CONTENDS THAT:
He purchased an airline ticket in accordance with all
expressed/implied regulations, but was denied reimbursement based
on new rules published after he had already purchased his
tickets.
In support of his appeal, the applicant provided a personal
statement, AFITI 36-101 and JFTR extracts, his application for
active duty training (ADT) , and other documents associated with
the matter under review.
Applicant's complete submission is at Exhibit A.
STATEMENT OF FACTS:
Applicant was appointed a second lieutenant, Reserve of the Air
Force, Medical Service Corps (MSC), on 4 February 95.
The relevant facts pertaining to this application are contained
in the letter prepared by the appropriate office of the Air
Force. Accordingly, there is no need to recite these facts in
this Record of Proceedings.
AIR FORCE EVALUATION:
The Directorate of Customer Assistance, ARPC/DR, reviewed this
application and recommended denial. According to DR, prior to
May 96, travel orders were issued that did not specify any
requirements for the purchasing of airline tickets, and
consequently Dobbins ARB reimbursed members after they filed
their travel vouchers. Dobbins ARB was made aware that their
voucher processing was not in accordance with a Joint Federal
Travel Regulation (JFTR) rule, and immediately changed their
payment processing to adhere to the rule. This rule, found in
Vol 1, para U312O-A of the JFTR specifies that when a member
purchases transportation from a CTO not under contracLto the
Government, reimbursement is not authorized unless it can be
demonstrated that the member had no alternative.
DR indicated that HQ ARPC was not aware of this change to
was denied payment by the
procedure until the fir
. HQ ARPC then alerted the
Reserve Travel Office at
field about the change, and on 1 May 96, started placing a
statement in the Remarks Section of travel orders alertina
they must
members that in order to be reimbursed by
purchase their tickets from a Government C
DR noted that the applicant is a Health Professions Scholarship
Program (HPSP) student who performed duty at Travis AFB from
6 Oct 96 through 19 Nov 96. His AF Form 1289, Request for Active
Duty T.raining, was signed on 14 Apr 96, and forwarded to
HQ ARPC/DRO sometime after 20 Aug 96.
He purchased his
nonrefundable airline ticket on 24 Jul 96, and his Reserve Order
(RO) JA-25898 was issued on 26 Sep 96, 65 days after he purchased
his airline ticket. He purchased his ticket from a source not
under contract to the Federal Government, and he contends he was
not informed of any procurement restriction until after he had
purchased the ticket.
DR indicated that, on 22 Jul 96, HQ ARPC/DRO transmitted a
message to all program managers and BIMAAs advising them that
members using other than approved CTOs would not be reimbursed,
even if there was a documented savings . t o the Individual
Mobilization Augmentee program.
According to DR, HQ ARPC does not support or encourage Reservists
to purchase their tickets months before orders are issued and/or
before they receive their orders as the applicant did. Tour
dates may change, tours may be canceled, or other changes may
occur that could negate the need for the ticket.
If the
applicant had purchased his airline ticket after the issuance of
his orders, he would have read the statement on his orders
directing him to purchase his ticket from a Government contracted
CTO, and he would have been informed of the procurement
restriction prior to purchasing his ticket.
A complete copy of the DR evaluation is at Exhibit C.
2
AFBCMR 97-00999
.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
In his response, the applicant indicated that was told prior to
his ADT that the orders for his active duty tour would likely be
completed approximately two weeks prior to the beginning of my
ADT. However, he contends that in order to procure his own air
passage as he understood to be his right by all previous
correspondence, he could not wait for these orders to be sent to
him if he was to be certain he was able to fly on the most
convenient days and for the most reasonable price. It is for
that reason that he purchased his tickets early.
This, however, may be a moot point, since his orders were not
sent to him on time for his departure to his ADT, and Travis AFB
personnel instead had to fax a copy of his orders to him just
days prior to his ADT. This was the first time he received any
communication stating that he must procure his travel through
SATO, and was well after he could make any changes in travel
plans.
Regarding the statement in the advisory that HQ ARPC/DRO
transmitted a message to all program managers and BIMMAs advising
that no CTOs would be reimbursed, however he was not contacted
with this correction and no other communications to this effect
were sent out until it was too late.
The advisory mentioned an excerpt from the AFHPS/FAP handout
which states "you must purchase airline tickets from military
SATO or directly from the airline". He believe if the date is
checked on which the issue was distributed you will find this to
be well after his ADT was approved and well after he had
purchased his tickets.
Applicant indicated that he had no knowledge of HQ ARPC
discouraging reservists from purchasing their tickets months
before orders are issued. Although orders were not signed, he
was approved for the ADT before he procured his tickets and
wanted to secure air travel well in advance to assure the best
price and greatest convenience. Therefore, he feels that it was
reasonable to purchase the airline tickets at the time he did.
In any event, the orders were not mailed to him in time to inform
him of the change in rules (he believes his wife received the
original copies sent to his home later during his first week of
ADT). Instead, he had to directly request that a copy of his
orders be faxed to him. This was clearly too late to wait to
make air travel plans, and too late to change those plans he had
already made.
Applicant's complete response is at Exhibit E.
3
AFBCMR 97-00999
.
THE BOARD CONCLUDES THAT:
The applicant has exhausted all remedies provided by existing
1.
law or regulations.
rc
The application was timely filed.
2.
3 . Sufficient relevant evidence has been presented to
demonstrate the existence of probable error or injustice. After
reviewing the available evidence, we are persuaded that the
applicant was not advised of the change in procedure prior to the
purchase of his tickets, and that he was not so advised until
just days prior to his departure for his ADT. Therefore, in our
view, the applicant had no other alternative but to purchase
transportation from a CTO not under contract to the Government.
In addition, we believe it probable that the applicant was not
familiar with the Reserve policy concerning the purchase of
tickets prior to the issuance of orders since he was a fairly
recent addition to the active Reserve rolls. Accordingly, we
recommend that the applicant's records be corrected as indicated
below.
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that he had no other
alternative but to purchase transportation from a commercial
travel office (CTO) not under contract to the Government, that he
with his
was authorized to purchase ai
ring the
active duty for training at
at he be
period 6 October 1996 throug
reimbursed the cost of the airline ticket in the amount of
$271.00.
The following members of the Board considered this application in
Executive Session on 17 Feb 98, under the provisions of AFI 3 6 -
2603:
Mr. Thomas S. Markiewicz, Panel Chair
Mr. Joseph G. Diamond, Member
Ms. Sophie A. Clark, Member
All members voted to correct the records, as recommended. T h e
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 24 Mar 97, w/atchs.
Exhibit B.
Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DR, dated 12 May 97.
4
AFBCMR 97-00999
Exhibit D. Letter, SAF/MIBR, dated 2 Jun 97.
Exhibit E. Letter, applicant, dated 2 May 96 (sic).
THOMAS S. MARKIEWICZ - -
Panel Chairman
5
AFBCMR 97-00999
DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC
J.UN 1 2 1998
Office of the Assistant Secretary
AFBCMR 97-00999
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air Force Board for Correction
of Military Records and under the authority of Section 1552, Title 10, United States Code (70A
Stat 116), it is directed that:
records of the Department of the Air Force relating to-
corrected to show that he had no other alternative but to purchase
ercial travel office (CTO) not under contract to the Government, that
tickets in connection with his active duty for training at
riod 6 October 1996 through 19 November 1996, and that he
cket in the amount of $271 .OO.
Director
Air Force Review Boards Agency
U
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