RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           21 October 2004
      DOCKET NUMBER:  AR20040003636


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Ms. Deborah S. Jacobs             |     |Member               |
|     |Mr. Ronald J. Weaver              |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his records be corrected to
allow him to be paid for the temporary duty (TDY) expenses he incurred
while TDY at Fort Benning, GA.

2.  The applicant states he received orders assigning him from Fort Bragg,
NC to Fort Benning, GA after first attending the Advanced Noncommissioned
Officer Course (ANCOC) at Fort Benning.  Because he was to be TDY while
attending the ANCOC course, the installation refused to allow him to sign
in as permanent party personnel.  That prevented him from obtaining
Government quarters for his family.  However, by virtue of being TDY at his
permanent duty station (PDS) he was prohibited from being entitled to TDY
expenses.

3.  The applicant provides a timeline of events; his permanent change of
station (PCS) orders with one amendment; a DD Form 1610 (Request and
Authorization for TDY Travel of DOD Personnel); a travel voucher dated 10
June 2003 for a PCS advance; an interim TDY travel voucher dated 31 July
2003; a DD Form 1610 dated 11 September 2003 requesting amendment of his
PCS orders; an interim TDY travel voucher dated 12 September 2003; a final
TDY travel voucher dated 24 October 2003; an email from the Defense Finance
and Accounting Service (DFAS) dated 24 October 2003; a memorandum dated 5
December 2003 from the applicant's commander; and an account past due
notice from Bank of America dated 12 December 2003.

4.  The applicant also provides an email dated 6 January 2004; an email
dated   9 January 2004; an email dated 13 January 2004; an email dated 14
January 2004; a memorandum dated 20 January 2004 from the applicant's local
finance office; a memorandum dated 22 February 2004 from the applicant's
regimental commander; an undated memorandum from the Commanding General, U.
S. Army Infantry Center; an email dated 5 April 2004 from the U. S. Army
Human Resources Command (USAHRC) Inspector General; one letter to his
Senator dated 5 April 2004; four letters from his Members of Congress dated
6 April 2004 (two), 9 April 2004 and 28 April; one letter from Chief of
Legislative Liaison dated 21 April 2004; and one letter from the Chief,
Compensation and Entitlements Division, Office for the Deputy Chief of
Staff, G-1 dated 17 May 2004.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records are not available to the Board.  This
case is being considered using reconstructed records, which primarily
consist of the documents noted above and additional information provided by
DFAS as noted below.
2.  The applicant's PCS orders dated 29 April 2003 show he was to PCS from
Fort Bragg, NC for assignment to the U. S. Army Infantry Center Adjutant
General Replacement Detachment, Enlisted, Fort Benning, GA.  He was given a
report date of 20 September 2003 after first attending ANCOC at Fort
Benning, GA in a TDY status with a reporting date to his TDY station of 24
June 2003.  He was authorized movement of dependents at Government expense.


3.  The applicant departed Fort Bragg, NC on 19 June 2003.  He arrived at
Fort Benning, GA and, on 23 June 2003, attempted to sign in as permanent
party personnel.  The installation refused to let him sign in as he was to
attend ANCOC in a TDY status first.  That required him to establish his
family off post in a civilian hotel.  His deputy regimental commander has
stated that the applicant could have been assigned to on post quarters
immediately had he been allowed to sign in as permanent party.

4.  On 28 July 2003, the applicant submitted an initial 30-day travel
voucher.  He was paid $5,371.57 in TDY payments.

5.  On 4 September 2003, the applicant graduated from ANCOC.  He submitted
a final travel claim for total TDY expenses of $8,229.74 (this includes the
$5,371.57 from the initial voucher).  His claim was denied by DFAS due to
provisions in the Joint Financial Travel Regulation (JFTR) that prohibit
per diem entitlements for soldiers TDY at their PDS.  DFAS further
established a debt in the amount of $5,371.57.

6.  In December 2003, Bank of America notified the applicant that his
Government Travel Charge Card account would be cancelled if payment of
$785.30 were not received within 5 days.

7.  Around June 2004, the applicant submitted an application for remission
or cancellation of indebtedness in the amount of $5,386.57.  His
application was lost and he resubmitted it in October 2004.  On 13 October
2004, USAHRC approved his application in the amount of $5,386.57.  On 19
October 2004, USAHRC informed the Board analyst that this was the final TDY
debt amount given them by DFAS.

8.  In response to a request for information, DFAS provided the Board
amounts of entitlements that would have been due the applicant under
different circumstances (had he been properly allowed to sign in to Fort
Benning as permanent party or had he actually been TDY at Fort Benning
enroute to a different PDS).  DFAS also noted that he had been paid $406.28
in temporary lodging expenses.

9.  A copy of DFAS's response was provided to the applicant.  He responded
by stating that, in June 2004 while on emergency leave, he needed to fax
his request for remission or cancellation of indebtedness to his unit
immediately.  He spent $43.07 to fax the packet.  When he returned to Fort
Benning, the action officer at USAHRC informed him his packet had not yet
been received and requested he express mail his packet to them.  He spent
an additional $8.19 in copier fees and $50.62 to express his packet.

10.  On 18 October 2004, the applicant indicated that he had additional
expenses of $225.00 (an $80.00 Bank of America Administrative fee and a
$145.00 in Bank of America late fees).

11.  On 19 October 2004, DFAS informed the Board analyst that the applicant
received $2,286.48 in basic allowance for housing (BAH) during the period
of his TDY.

12.  Title 37, U. S. Code, section 404 provides in pertinent part that
under regulations prescribed by the Secretaries concerned members of the
uniformed services are entitled to travel and transportation allowances
upon a change of permanent station, or otherwise, or when away from their
designated post of duty.

13.  The Joint Federal Travel Regulation, paragraph U4100 states that a per
diem allowance is designed to offset the cost of lodging, meals, and
incidental expenses incurred by a member while performing travel, and/or
TDY away from the member's PDS.   Paragraph U4102D states that a member is
not authorized per diem for travel or TDY performed within the limits of
the PDS.

14.  Title 10, U. S. Code, section 1552, the law which provides for the
Board, states that “The Secretary may pay, from applicable current
appropriations, a claim for the loss of pay, allowances, compensation,
emoluments, or other pecuniary benefits, or the repayment of a fine or
forfeiture, if, as a result of correcting a record under this section, the
amount is found to be due the claimant on account of his or another’s
service in the Army, Navy, Air Force, Marine Corps or Coast Guard, as the
case may be.”

DISCUSSION AND CONCLUSIONS:

1.  The applicant was reassigned from Fort Bragg, NC to Fort Benning GA
with TDY enroute at Fort Benning to attend ANCOC.  Fort Benning, by not
allowing him to sign in as permanent party when he arrived in June 2003 to
attend ANCOC, clearly created an injustice and a financial hardship on the
applicant.  He was forced to obtain off-post quarters for his family when
he could have obtained Government quarters.  He was forced to pay expenses
for his family that he need not have paid for had he been allowed to move
into Government quarters.

2.  Because the applicant used his Bank of America card to pay some of his
TDY expenses, and then was not entitled to be reimbursed for those expenses
because he was TDY at his PDS station, his credit was hurt.

3.  The applicant's revised calculations of his out-of-pocket totaled
$8,556.60.

4.  During the period of his TDY, the applicant received $2,286.48 in BAH
and $406.28. in TLA (for a total of $2,692.76).  This amount should have
been used to partially offset his out-of-pocket expenses.  He had been paid
a portion of his TDY expenses ($5,386.57).  Even though that portion was
initially charged as a debt, the entire debt was remitted or cancelled by
USAHRC.

5.  Subtracting the above noted offsets, the applicant still had $477.27 in
out-of-pocket TDY and additional expenses.  Therefore, in the interest of
justice and equity, it would be appropriate to reimburse the applicant
$477.27 in TDY and additional expenses.

6.  The applicant’s military records may be corrected to show his PCS and
TDY orders were amended to include the sentence “If officials at Fort
Benning, GA fail to allow you to sign in to your permanent duty station
(i.e., Fort Benning, GA) prior to attending and completing your TDY
assignment at Fort Benning, GA and such failure results in the nonpayment
of reasonably incurred TDY expenses, the Army Board for Correction of
Military Records may pay the expenses, at its sole discretion, in
accordance with Title 10, U.S. Code, section 1552.”  This would allow the
Board to invoke that provision and pay him the amount that he reasonably
incurred, after reasonable offsets, due to Government error (determined to
be $477.27).

BOARD VOTE:

__jea___  __dsj___  __rjw___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for relief.  As a result, the Board recommends
that the PCS and TDY orders of the individual concerned be amended to add
the sentence “If officials at Fort Benning, GA fail to allow you to sign in
to your permanent duty station (i.e., Fort Benning, GA) prior to attending
and completing your TDY assignment at Fort Benning, GA and such failure
results in the nonpayment of reasonably incurred TDY expenses, the Army
Board for Correction of Military Records may pay the expenses, at its sole
discretion, in accordance with Title 10, U.S. Code, section 1552.”

2.  That as a result of the foregoing correction DFAS shall remit in
payment to the applicant the amount of $477.27.

3.  That, further, DFAS and/or the Office of the Deputy Chief of Staff, G-
1, Compensation and Entitlements shall ensure the Bank of America and all
credit report agencies are notified that his credit problem was due to
Government error.




            __James E. Andersholm
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040003636                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041021                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |128.10                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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