RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010 02412 

 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: 

 

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-X000142, R-X000199, R-X000148, R-X000068, R-
X000027, R-X000051; memorandums from 102 IG/CV, 102 IW DETCO, 
SAF/MRM; excerpts from the Air National Guard Reserve Order 
Writing System (AROWS); the 102D Intelligence Wing Instruction 
65-101, Financial Management Office, Commuting Distance, with 
attachment; and an excerpt of 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 a master sergeant (E-7) 
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 (Benefits and Entitlements) recommends denial of 
retroactive 180 days per diem waiver for the period 29 April 
2010 to 31 May 2010. 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 NGB/A1PS evaluation is at Exhibit C. 

 

NGB/A1 (ANG BCMR Actions) concurs with the NGB Subject Matter 
Expert (SME) and recommends denial of the requested relief. 

 

______________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the 
applicant on 3 September 2010 for review and comment within 30 
days. As of this date, no response has been received by this 
office. 

 

______________________________________________________________ 

 

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 22 October 2009, orders were approved from 25 October 2009 
to 28 April 2010, stating the applicant’s residence was within 
local commuting distance and that he will commute with no per 
diem authorized. 

 

On 10 December 2009, the order was modified to indicate the 
applicant’s residence was outside local commuting distance and 
that he would not commute. The order also indicates he was in 
Alabama from 25 October 2009 to 12 November 2009 and that on 
13 November 2009 through 28 April 2010 he would be at Otis 
ANGB, and per diem would start. 

 

On 27 April 2010, the applicant’s unit issued another order 
indicating “Itinerary: 12 November 2009 – 31 May 2010, 
Member’s residence is outside local commuting distance, but 
member will commute daily – no per diem is authorized.” Otis 
ANGB, MA (25 October 2009 – 28 April 2010) and to include 
“Itinerary: 25 October 2009 – 11 November 2009, Member’s 
residence is outside local commuting distance and will not 
commute. Otis ANGB, MA (12 November 2009 – 31 May 2010). 

 

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 indicate a per diem 
waiver to exceed 180 days at one location from 1 June 2010 – 
30 September 2010 is approved. SAF/MRM memo of 11 May 2010 
had approved continuation of per diem allowances beyond 180 
days, with new orders from 1 June 2010 – 30 September 2010. 

 

The complete SAF/MRM evaluation is at Exhibit D. 

 

______________________________________________________________ 

 

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: 

 

A copy of the SAF/MRM evaluation was forwarded to the 
applicant on 7 April 2011 for review and comment within 14 
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. 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 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-2010-02412 in Executive Session on 28 April 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 pertaining to Docket Number BC-
2010-02412 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 3 Sep 10. 

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

 Exhibit E. Letter, AFBCMR, dated 7 Apr 11. 

 

 

 

 

 

 Panel Chair