RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER 98-03049
            INDEX CODE: 128.00

      XXXXX COUNSEL:  None

      XXXXXXXX   HEARING DESIRED: No


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be reimbursed for expenses incurred related  to  inactive  duty  training
(IDT) performed 13 - 18 March 1995.

_________________________________________________________________

APPLICANT CONTENDS THAT:

On 30 January 1995, he submitted to HQ  ARPC  an  AF  Form  1289  requesting
approval to perform a split active duty training (ADT) annual tour  and  IDT
in conjunction therewith.   The  Published  Reserve  Order  No   ,  did  not
initially contain language  in  the  Remarks  Section  authorizing  a  split
annual tour or IDT training.  On 10 February  1995,  he  contacted  HQ  ARPC
regarding the missing authorizations.  He explained that unless orders  were
amended to authorize billeting for associated IDT  training,  he  would  not
accept the orders.  On 3 March  1995,  HQ  ARPC  published  a  “Request  and
Authorization for Change of Administrative  Orders”  and  upon  receipt,  he
telephone HQ  ARPC  to  confirm  that  IDTs,  and  related  billeting/travel
expenses, were authorized.  HQ ARPC referred him to Item 7, the  “Accounting
Citation,” and specifically P&A (per diem  and  allowances),  and  confirmed
that the associated numbers  authorized  payment  for  billeting  associated
with IDT training.  He accepted  orders  and  completed  both  ADT  and  IDT
training.  On 19 March 1995, he submitted his DD Forms  1351-2  and  1351-2c
(Travel Vouchers).  He was  denied  reimbursement  of  expenses  related  to
authorized IDT  performed  12  -  18  March  1995.   This  denial  was  (is)
inconsistent  with  his  previous   IDT   reimbursement   experiences,   the
experiences of other Air Force members similarly situated, and the  explicit
assurances of     in the orders branch at HQ ARPC  that  such  IDT  expenses
would be reimbursed.

In support of the appeal, applicant submits an Application for  Active  Duty
Training, Request and Authorization for  Active  Duty  Training/Active  Duty
Tour, Request and Authorization for Change
of Administrative Orders, Travel Voucher, Schedule of Expenses,     charges,
and HQ 11th Wing/DPMM memorandum, dated 17 March 1995.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant is currently serving  in  the  United  States  Air  Force  Reserve
(USAFR) in the grade of lieutenant colonel.

Applicant performed an active duty training annual tour for the period  5-12
March 1995 at the Armed Services Blood  Program  Office,     ,  .   He  also
performed inactive duty training in conjunction with  active  duty  training
for the period 13 - 18 March 1995 at the same location.

Reserve Order (RO), HQ  ARPC,  8  February  1995  was  issued  but  did  not
authorize the applicant to perform an IDT period  in  conjunction  with  his
annual tour.

RO JZ-00834, HQ ARPC, 3 March 1995, was published authorizing the  applicant
to perform an IDT period (13 -  18  March  1995)  in  conjunction  with  his
annual tour.

Applicant was paid authorized reimbursements for his  annual  tour  for  the
period 5 - 12 March 1995 and was denied all  expenses  incurred  during  his
IDT period IAW the Joint Federal Travel Regulation (JFTR).

_________________________________________________________________

AIR FORCE EVALUATION:

The  Deputy  Director,  Directorate  of  Customer  Assistance,  HQ  ARPC/DR,
reviewed the application and states that during the applicant’s annual  tour
period, he was reimbursed all allowable entitlements, and he  was  correctly
denied lodging, per diem rate for meals and travel entitlements for his  IDT
period.  The  JFTR  specifies  that  when  performing  IDTs  at  a  member’s
designated  post  of  duty,  the  member  is  not  entitled  to  travel   or
transportation expenses.  Since the applicant performed his  IDT  period  at
the Armed Services Blood Program Office,    , VA, which was  his  designated
post of  duty,  this  applies  to  this  case.   The  JFTR  does  allow  for
reimbursement of lodging expense incurred during an  IDT  period  only  when
these  expenses  are  in  government  billeting  or  government   contracted
quarters.  Since the applicant  stayed  at  the    ,  which  was  not  under
government contract during his IDT period, he was not reimbursed for his
lodging expenses.  Although the applicant claims that  after  receiving  his
amended order, he contacted ARPC and was told that he would be paid for  his
IDT expenses, he was misinformed.  The Comptroller General  has  ruled  that
the Department of Defense is not liable for any misinformation  provided  to
members when the entitlement clearly does not  exist.   They  recommend  the
applicant's request be denied.

A complete copy of the evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to  the  applicant
on 15 February 1999, for review and response.  As of this date, no  response
has been received by this office.

_________________________________________________________________


THE BOARD CONCLUDES THAT:

1.    The applicant has exhausted all remedies provided by existing  law  or
regulations.

2.    The application was timely filed.

3.    Sufficient relevant evidence has been  presented  to  demonstrate  the
existence of probable error or injustice.  After reviewing the  evidence  of
record, the majority of the Board is of the opinion that the applicant  took
the proper steps to ensure that his orders were correct and  that  he  would
be reimbursed for the  cost  of  lodging,  per  diem  rate  for  meals,  and
transportation expenses incurred by an Inactive Duty Training  (IDT)  period
he performed.  It is noted that when his basic order was issued and did  not
authorize him to perform an IDT period in conjunction with his annual  tour,
he requested an amendment to his order.  As a result, RO,  HQ  ARPC,  3  Mar
95, was published authorizing the applicant to  perform  an  IDT  period  in
conjunction with his annual tour.  In view  of  the  foregoing,  and  in  an
effort to offset any possibility of an injustice, the majority of the  Board
believes that the applicant’s record  should  be  corrected  to  the  extent
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  was  authorized  lodging,  per
diem, and allowances, by  competent  authority,  during  his  inactive  duty
training on 12 March 1995 through 18 March 1995 and; that, he be  reimbursed
for expenses incurred in the amount of $902.53.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 13 July 1999, under the provisions of AFI 36-2603:

      Mr. Vaughn E. Schlunz, Panel Chair
      Mr. William H. Anderson, Member
      Ms. Barbara J. White-Olson, Member

By a majority vote, the Board voted to correct the records, as  recommended.
 Mr. Anderson voted to deny applicant's request,  but  does  not  desire  to
submit  a  Minority  Report.   The  following   documentary   evidence   was
considered:

      Exhibit A.  DD Form 149, dated 26 Oct 98, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, ARPC/DR, dated 1 Feb 99.
      Exhibit D.  Letter, AFBCMR, dated 15 Feb 99.




                                  Panel Chair

INDEX CODE:  128
AFBCMR 98-03049





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:

      The pertinent military records of the Department of the Air Force
relating to XXXXX, XXXX, be corrected to show that he was authorized
lodging, per diem, and allowances, by competent authority, during his
inactive duty training on 12 March 1995 through 18 March 1995 and; that, he
be reimbursed for expenses incurred in the amount of $902.53.





                             Director
                             Air Force Review Boards Agency