RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-02407 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

He receive a retroactive 180-day per diem waiver for the period 
29 April 2010 to 31 May 2010. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

His home of record (HOR) is outside the commuting distance and 
the orders should have stated “non-commute” status to allow for 
per diem and lodging. A 180-day per diem waiver was needed to 
process his order from 29 April 2010 to 30 September 2010 due to 
the restrictions of receiving per diem in one location for more 
than 180 days. A waiver was submitted in May 2010 due to 
guidance given by NGB/A1 that orders were needed to process the 
request. 

 

In support of his appeal, the applicant provides copies of 
Special Orders R-X000114, and R-X000202; memorandums from the 
102 IG/CV, 102 IW DETCO, SAF/MRM; excerpts from the Air National 
Guard Reserve Order Writing System (AROWS); the 102 Intelligence 
Wing Instruction 65-101, Financial Management Office, Commuting 
Distance, with attachment; and an excerpt from the Joint Federal 
Travel Regulation (JFTR), Volume I. 

 

The applicant's complete submission, with attachments, is at 
Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant is currently serving as an airman first class (E-3) 
in the Air National Guard (ANG) at Otis Air National Guard Base 
(ANGB), Massachusetts. 

 

The remaining relevant facts pertaining to this application are 
contained in the letters prepared by the appropriate offices of 
the Air Force, which are attached at Exhibits B and D. 

 

_________________________________________________________________ 

 

 

 


AIR FORCE EVALUATION: 

 

NGB/A1PS recommends denial of his request for a retroactive 
180-day per diem waiver for the period 29 April 2010 to 31 May 
2010. The applicant’s unit changed the commute status in order to 
publish his orders and stated this was done due to guidance 
provided by NGB/A1. However, NGB/A1 notes their guidance is in 
accordance with that of SAF/MR and HAF/A1, in that per diem 
waiver requests will accompany the current/last order of the 
service member. A future order should never be submitted because 
that is the purpose of the per diem waiver. NGB/A1 further notes 
the applicant incurred a financial loss; however, his commander 
has processed numerous per diem waivers in the past for many 
members in the unit. The commander and his staff are aware of 
the current SAF/MR policy and criteria, as well as the importance 
of submitting waiver packages in a timely fashion to allow for 
processing. 

 

The complete A1PS evaluation is at Exhibit B. 

 

NGB/A1PS concurs with the NGB Subject Matter Expert (SME) and 
recommends denial of the requested relief. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

On 27 August 2010, a copy of the Air Force evaluation was 
forwarded to the applicant for review and comment within 30 days. 
As of this date, no response has been received by this office 
(Exhibit C). 

 

_________________________________________________________________ 

 

ADDITIONAL AIR FORCE EVALUATION: 

 

SAF/MRM recommends denial. MRM states that per JFTR, Volume I, 
paragraph U7150 A4b(3), a member called to active duty away from 
home for more than 180 days, for other than training purposes, 
may be authorized per diem for the entire period if the call to 
active duty/extension is required by unusual circumstances, 
emergency circumstances, contingency operations, or exigencies of 
the service concerned as determined by the Secretarial process. 
As of 22 March 2007, the Secretary of the Air Force delegated to 
SAF/MRM those certain decision authorities under the JFTR and 
JTR. Commanders must obtain the per diem waiver before orders 
are issued or amended since the JFTR does not provide for 
retroactive approval. Members without an approved waiver or 
permanent change of station (PCS) assignment should be returned 
to their old station and not be allowed to continue work at the 
current location without temporary duty (TDY) and transportation 
allowances. SAF/MRM Policy Memos of 19 August 2009 and 
11 Febraury 2011, both indicate that commanders must obtain per 
diem waivers (over 179 days) before orders are issued or amended. 


MRM states that after a review of the available evidence, they 
note the applicant’s orders were changed by the orders clerk from 
“will not commute” to “will commute” to allow the applicant to 
continue on orders until a per diem waiver could be approved. 
The unit’s understanding was that orders must be issued before a 
per diem waiver could be submitted/approved. 

 

On 25 March 2010, orders were approved from 29 March – 
30 September 2010, stating member’s residence is “outside local 
commuting distance, but member will commute daily – no per diem 
authorized.” 

 

On 11 May 2010, SAF/MRM approved continuation of per diem 
allowances beyond 180 days, with dates of 1 June 2010 – 
20 September 2010. 

 

On 7 June 2010, the order was modified to “member’s residence is 
outside local commuting distance and will not commute Otis ANG 
Base, MA.” (29 March – 30 September 2010. A per diem waiver to 
exceed 180 days at one location from 1 June – 30 September 2010 
was approved. 

 

The complete MRM evaluation is at Exhibit D. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: 

 

On 11 April 2011, a copy of the SAF/MRM evaluation was forwarded 
to the applicant on 11 April 2011 for review and comment within 
14 days. As of this date, no response has been received by this 
office (Exhibit E). 

 

_________________________________________________________________ 

 

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 an injustice warranting corrective 
action. After reviewing the applicant’s submission and the 
evidence of record, we believe relief is warranted. It appears 
the applicant’s unit erroneously prepared and amended orders 
before obtaining the required per diem waiver. NGB/A1PS 
indicates the applicant’s unit should have been aware of the 
policy and criteria as well as the importance of submitting the 
waiver package in a timely manner. Notwithstanding this, it 
appears the applicant is being held accountable for actions 
beyond his control. It is not clear that the applicant 
understood when his orders were amended to state that he would 


commute, he would not be paid per diem. As such, no complicity 
on the part of the applicant to erroneously extend his TDY has 
been established. In view of the foregoing, and to preclude the 
possibility of injustice to the applicant, we believe any doubt 
in this matter should be resolved in his favor. Accordingly, we 
recommend his 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 applied for a 
per diem waiver for the period of 29 April 2010 to 31 May 2010 
and his request was approved by competent authority. 

 

_________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2010-02407 in Executive Session on 21 June 2011, under 
the provisions of AFI 36-2603: 

 

Panel Chair 

Member 

Member 

 

All members voted to correct the records, as recommended. The 
following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 16 Jun 10, w/atchs. 

 Exhibit B. Letter, NGB/A1PS, dated 23 Aug 10, w/atch. 

 Exhibit C. Letter, SAF/MRBR, dated 27 Aug 10. 

 Exhibit D. Letter, SAF/MRM, dated 1 Apr 11. 

 Exhibit E. Letter, AFBCMR, dated 11 Apr 11. 

 

 

 

 

 

 Panel Chair 

 


AFBCMR BC-2010-02407 

 

 

 

 

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 
APPLICANT be corrected to show that he applied for a per diem waiver for the period of 29 
April 2010 to 31 May 2010 and his request was approved by competent authority. 

 

 

 

 

 

 

 Director 

 Air Force Review Boards Agency