RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-00745
INDEX CODE: 128.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
She be reimbursed for the cost of lodging incurred while on active
duty.
_________________________________________________________________
APPLICANT CONTENDS THAT:
When she was placed on active duty orders her Home of Record (HOR) was
considered within commuting distance of her duty station and she was
consequently not eligible to receive per diem and lodging
entitlements. In January 2003, she changed her HOR to ---, that
placed her outside the commuting area and entitled her to per diem and
lodging. She was led to believe that once her orders were amended to
reflect the ---, HOR she would begin receiving her entitlement.
Because of this understanding, on 14 January 2003, she rented a
property closer to the base. After a month, she was informed that her
orders could not be amended because they were mobilization orders.
She feels that she was miscounseled and, as a result, has accumulated
$1,532.02 in lodging expenses that she is now expected to pay out of
pocket.
In support of her appeal the applicant has provided a personal
statement, a letter of support from the Finance office at her home
station, copies of several emails between her and her home station
Finance office, and copies of lodging receipts.
Her appeal, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
She was involuntarily mobilized with the ---th Red Horse Squadron from
23 June 2002 through 22 June 2003 to perform duty at her home station
in support of Operation Enduring Freedom. Her orders indicated that
her HOR was within commuting distance and that the member would
commute. As such, she would not be entitled to per diem or lodging.
Her orders were amended on 30 June 2002 extending her active duty tour
through 30 March 2003 and subsequently placed on additional orders
from 31 March 2003 to 29 April 2003.
_________________________________________________________________
AIR FORCE EVALUATION:
ANG/DPP recommends denial. In accordance with Joint Federal Travel
Regulation (JFTR), SAF/FM, and HQ USAF/DPFJ policy, mobilization
orders shall not be amended for the purpose of changing the members’
HOR/Place of Entry on Active Duty (PLEAD) except to correct errors
that occurred at the time the orders were issued. HOR/PLEAD cannot be
amended for the purpose of increasing entitlements as they are
established on the effective date of the orders. They note the home
station comptroller advised the applicant she was not entitled to per
diem and lodging costs in February 2003. The comptroller is unable to
confirm or deny the information the applicant claims to have been
provided earlier by his staff. He has, however, reiterated this
guidance to his staff members.
DPP’s complete evaluation, with attachments, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air National Guard evaluation was forwarded to the
applicant on 12 September 2003 for review and comment within 30 days.
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. Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice. We took notice of the
applicant's complete submission in judging the merits of the case;
however, we agree with the opinion and recommendation of the Air Force
office of primary responsibility and adopt their rationale as the
basis for our conclusion that the applicant has not been the victim of
an error or injustice. When placed on active duty orders, the
applicant’s HOR was within commuting distance of her duty station and
she was not entitled to lodging or per diem. The Joint Federal Travel
Regulation (JFTR) and other pertinent policy prohibit’s the amendment
of an HOR under any circumstance unless it was originally inputed in
error. Applicant contends that she was informed that when she changed
her HOR she was entitled to lodging entitelments. However, we are not
persuaded by the evidence submitted that she was in fact miscounseled.
Therefore, in the absence of evidence to the contrary, we find no
compelling basis to recommend granting the relief sought in this
application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of material error or injustice; that the
application was denied without a personal appearance; and that the
application will only be reconsidered upon the submission of newly
discovered relevant evidence not considered with this application.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-
2003-00745 in Executive Session on 28 October 2003, under the
provisions of AFI 36-2603:
Mr. Richard A. Peterson, Panel Chair
Ms. Sharon B. Seymour, Member
Ms. Leslie E. Abbott, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 27 Feb 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ANG/DPP, dated 28 Aug 03, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 12 Sep 03.
RICHARD A. PETERSON
Panel Chair
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