RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-02325 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

In two separate DD Form 149s, the applicant makes the following 
requests: 

 

1. He be given service credit and pay and allowances for two 
days travel time after completion of an active duty tour in Jul 
2008. 

 

2. He be given service credit and pay and allowances for one 
travel day following the completion of his tour of active duty 
in Nov 2009. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He addressed the issues regarding his Jul 2008 and 
Nov 2009 travel with the Air Force Reserve Command (AFRC) and 
AFRC addressed these issues with HQ AF/AI, which concluded that 
he should have been credited for these days in accordance with 
the Joint Federal Travel Regulation (JFTR). While acknowledging 
the error, AFRC advised that the system precluded the changes 
necessary to correct his records. He was advised to contact the 
Air Force Board for Correction of Military Records (AFBCMR) to 
request a correction of his military records to reflect active 
duty credit for two days of return travel in Jul 2008 and one 
day return travel on 1 Nov 2009. 

 

In support of his request, the applicant provides copies of 
electronic communiqués, active duty orders and travel vouchers. 

 

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

 

________________________________________________________________ 

 

 

 

 

 

 

 

STATEMENT OF FACTS: 

 


The applicant retired from the Air Force Reserves as a colonel. 

 

The remaining relevant facts pertaining to this application are 
included in an electronic communiqué prepared by the Air Force 
office of primary responsibility at Exhibit B. 

 

________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFRC/JAR recommends approval of the applicant’s request for 
credit of his travel days on 4-5 Jul 2008. His temporary duty 
(TDY) was complete on 3 Jul 2008, and his travel days back to 
XXXXXXX, Virginia took place on 4-5 Jul 2008. JAR states they 
were unable to modify his orders since they were not within the 
current fiscal year. They coordinated with HQ AF/A1 regarding 
the request. A1 was unable to modify the orders since they were 
not within the current fiscal year, consequently they advised 
the applicant to request a change of orders through the AFBCMR. 

 

HQ AFRC/JAR recommends denial of the applicant’s request for 
credit of one travel day following completion of his active duty 
tour at Ramstein AB, Germany ending in Oct 2009. JAR states the 
applicant was directed to end his tour and complete his travel 
from Ramstein AB, Germany within the dates of the tour 
(1 to 31 Oct 2009). Both his orders and his Command Man-day 
Allocation System (CMAS) authorization directed him to complete 
travel during the tour ending 31 Oct 2009. The applicant worked 
a man-day tour at Ramstein AB, Germany from 1 through 31 Oct 
2009 (CMAS request # 1230133). This was actually an extension 
from the previous fiscal year. He began his TDY at Ramstein AB, 
Germany on his first set of orders from 4 Jul 2009 through 
30 Sep 2009 (CMAS# 1182103). Prior to these dates, he worked a 
man-day tour at Spangdahlem AB, Germany from 1 Jan 2009 to 3 Jul 
2009. This totaled 304 consecutive days in the United States 
Air Forces Europe (USAFE). JAR states they had to enforce at 
least a one day break in service between the USAFE tours and his 
upcoming tour to Andrews AFB on 2 Nov 2009. One of their 
concerns is that he could have potentially carried over 25 days 
of leave from the USAFE tour and used that leave while at 
Andrews AFB, under a different MAJCOM. JAR states, in an email 
communiqué, they made it very clear to the applicant that he had 
to complete his travel from Ramstein to the District of Columbia 
by 31 Oct 2009, and that he had to have a break in his orders on 
1 Nov 2009 before his next tour started on 2 Nov 2009. 

 

 

 

The complete HQ AFRC/JAR evaluations, with attachments, are at 
Exhibits B and E. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS: 


 

The applicant responded to the email advisory, dated 2 Apr 
2012 by stating that since AFRC/JAR and AF/A1, have no objection 
to crediting him for 4 and 5 July 2008 as travel days, he has no 
additional comments regarding the advisory opinion. 

 

As to his request regarding 1 Nov 2009, this is not so much 
about a single day as it is about how senior leadership at 
AFRC/JA deferred responsibility for management of the reserve 
judge advocate program to an officer who executed the program, 
created policy inconsistent with the rest of the active and 
reserve force, and interpreted Air Force (AF), AF Reserve 
Command and DoD issuances in a way that discriminated against 
Air Force reserve judge advocate members. 

 

It is his position that neither Lt Col S, nor AFRC/JA has the 
authority to implement policy or interpretations inconsistent 
with superior issuances. In his case, and he is sure many 
others, Lt Col S and AFRC/JA ignored official guidance and 
simply did what they found easier, more convenient, or 
personally satisfying - despite the existence of an authorized 
and straight-forward manner of achieving the goals Lt Col S 
articulated in his first request and now asserts in his response 
to the Board. AFRC/JAR simply cannot unilaterally impose a 
requirement inconsistent with the JFTR that requires all reserve 
members travelling on orders issued through their office to 
complete the tour and travel by the end date specified in the 
travel order and to perform all travel in a single day 
regardless of actual duration of the travel. 

 

The rules regarding travel entitlements are found in the JFTR. 
The JFTR authorizes one travel day for this return trip from 
Germany to his home in XXXXXXX. Extracts from the JFTR are 
provided for the Board. 

 

The JFTR provides that return travel should begin the day 
following completion of the tour and the calculation of 
authorized travel days depends on the actual duration of the 
travel using the most expeditious method available - which does 
not require travel between 2400 and 0600. This is the manner 
prescribed by the JFTR and the manner all TDY orders have been 
interpreted in his 12 years on active duty and 15 years of 
civilian service during which he travelled several hundred 
times. The order which is involved in his request for credit 
for 1 Nov 2009 specified an end date of 31 Oct 2009, he could 
not arrange travel on 31 Oct 2009 after performing duty that day 
that did not involve travel between 2400 and 0600, therefore, he 
travelled on the day following completion of the tour. He was 
not required to be at his Permanent Duty Station (PDS) the 
morning after the TDY assignment ended – his PDS/unit of 
attachment at the time was DoD General Counsel. In accordance 
with the JFTR, he should be entitled to credit for Sunday, 1 Nov 
2009, as a day of travel from Germany to his home in Virginia. 

 


His tour continued mostly as planned, but like many best-laid 
plans, they changed. To complete his assignments properly and 
tidy up administrative loose ends regarding his household goods, 
he worked on Saturday, 31 Oct 2009, and travelled on 1 Nov 2009. 
He has attached several emails sent from his office on Ramstein 
AB on Saturday, 31 Oct 2009, including one sent to one of Lt Col 
S's subordinates requesting help with the accounting code needed 
to ensure shipment of his household goods (attachment 3). If 
more evidence of the level of effort exerted in his last week at 
3AF/JA would be helpful, he will gladly provide that to the 
Board. Under these circumstances, he believes the JFTR, and all 
applicable AF, AFRC and DoD guidance, provides that he should be 
credited for 1 Nov 2009 as a day of travel. 

 

The applicant’s complete response, with attachments, is at 
Exhibits D and G. 

 

________________________________________________________________ 

 

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 an error or injustice. After a 
thorough review of the evidence of record and careful 
consideration of the applicant's contentions, we are not 
persuaded that he has been the victim of an error or injustice. 
We note that the Air Force office of primary responsibility 
recommends denial of the applicant’s request for one day in Nov 
2009, yet recommends approval for the period 4 - 5 Jul 2008. 
However, we disagree with their recommendation to partially 
approve his request and it is our opinion the applicant is not 
entitled to any relief. In this respect, we note that both of 
the applicant’s TDY orders directed his travel be completed no 
later than 3 Jul 2008 and 31 Oct 2009 respectively. Although the 
applicant has provided evidence that he travelled after the end 
dates of his order, other than his own uncorroborated assertions, 
he has not provided any evidence to show that he was authorized 
travel beyond the dates specified in his travel orders. 
Therefore, absent persuasive evidence that he was authorized by 
competent authority to travel beyond the dates specified in his 
travel orders, we find no 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 Docket Number BC-
2011-02325 on 1 May 2012, under the provisions of AFI 36-2603: 

 

 , Panel Chair 

, Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 21 Jun 2011 and 26 Jul 2012, 

 w/atchs. 

 DD FORM 149, dated 26 Jul 2011, w/atchs 

 Exhibit B. Email, AFRC/JAR, dated 1 Mar 2012 

. Exhibit C. Letter, SAF/MRBR, dated 2 Mar 2012. 

 Exhibit D. Rebuttal, Applicant, dated 29 Mar 2012, w/atchs. 

 Exhibit E. Email, AFRC/JAR, dated 2 Apr 2012. 

 Exhibit F. Email, SAF/MRBC, dated 4 Apr 2012. 

 Exhibit G. Email, Applicant, dated 4 Apr 2012. 

 Exhibit H. Email, SAF/MRBC, dated 5 Apr 2012. 

 Exhibit I. Email, Applicant, dated 5 Apr 2012. 

 

 

 

 

 

 Panel Chair