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AF | BCMR | CY2003 | BC-2003-00745
Original file (BC-2003-00745.doc) Auto-classification: Denied





                       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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