RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-03001 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

He receive a retroactive per diem waiver for the period 29 April 
2010 through 28 June 2010. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

His supervisor submitted a per diem waiver request on 4 May 2010 
and it was not approved until 30 June 2010. He has been on 
continuous orders since 1 October 2009 for a lower back injury 
sustained while on active duty. He has incurred personal 
expenses totaling $3,929.08 for which he seeks reimbursement. 

 

In support of his appeal, the applicant provides a personal 
statement, and copies of his Government credit card statement, 
cancelled checks, his medical continuation order, a medical 
memorandum, and a SAF/MRM memorandum approving a per diem waiver 
for 29 June 2010 through 27 August 2010. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant is currently serving as a senior master sergeant 
(E-8) in the Air National Guard (ANG). He has been on continuous 
active duty orders since 1 October 2009 for a lower back injury 
sustained while on active duty. SAF/MRM approved a per diem 
waiver for the applicant for the period 29 June 2010 through 
27 August 2010. 

 

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 Exhibit B and D. 

 

____________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

NGB/A1PS (Benefits and Entitlements) recommends partial approval. 
A1PS states the effective date of the per diem should be for 


4 May 2010 through 28 June 2010 since the per diem waiver was not 
submitted until 4 May 2010. 

 

The complete NGB/A1PS evaluation, with attachments, is at Exhibit 
B. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the applicant 
on 29 October 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 approval. 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 the evidence of record indicates that a Health Systems 
Specialist at the applicant’s unit requested instructions on how 
to submit a per diem waiver in behalf of the applicant on 3 May 
2010. The per diem waiver request was submitted on 4 May 2010 to 
NGB/A1PS. On 23 June 2010, A1PS returned the request as 
incomplete. On 25 June 2010, the request was resubmitted. It 
was subsequently submitted to SAF/MRM on 29 June 2010 and 
approved on 30 June 2010. MRM indicates the submitted 
documentation does not reflect when the applicant originally 
requested the waiver to his unit. Had the waiver been timely 
submitted, it would have been approved for 29 April 2010 through 
27 August 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 24 March 2011 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. Sufficient relevant evidence has been presented to 
demonstrate the existence of an injustice warranting corrective 
action. Noting the differing opinions between NGB/A1PS and 
SAF/MRM regarding the start of the waiver period, we are inclined 
to agree with the NGB/A1PS recommendation in this instance. 
While we acknowledge the applicant is requesting a waiver 
beginning 29 Apr 10, we believe the effective date of the per 
diem should be for 4 May 2010 through 28 June 2010 since the per 
diem waiver request was not submitted until 4 May 2010. 
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 4 May 2010 to 28 June 2010 and 
his request was approved by competent authority. 

 

_________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2010-03001 in Executive Session on 26 May 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-
2010-03001 was considered : 

 

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

 Exhibit B. Letter, NGB/A1PS, dated 29 Sep 10, w/atchs. 

 Exhibit C. Letter, SAF/MRBR, dated 29 Oct 10. 

 Exhibit D. Letter, SAF/MRM, dated 21 Mar 11. 

 Exhibit E. Letter, AFBCMR, dated 24 Mar 11. 

 

 

 

 

 

 Panel Chair