RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           9 August 2005
      DOCKET NUMBER:  AR20050009314


      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:

|     |Ms. Barbara J. Ellis              |     |Chairperson          |
|     |Mr. Kenneth L. Wright             |     |Member               |
|     |Mr. Patrick H. McGann             |     |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 the Pentagon.

2.  The applicant states he executed both his TDY and permanent change of
station (PCS) orders despite a conflict of dates.  He reported to the
Office of the Secretary of Defense in accordance with his PCS orders while
still executing his TDY assignment to satisfy both requirements.  His
family was scheduled to occupy rental quarters before he received his TDY
orders.  He has been paid $3,404.65 in PCS allowances but requests further
payment of $4,493.04 he expended in TDY expenses.

3.  The applicant provides a 1 July 2005 letter from the Defense Finance
and Accounting Service; a United States Government memorandum dated 31
March 2005; a DA Form 31 (Request and Authority for Leave); a DD Form 1610
(Request and Authorization for TDY Travel of DOD Personnel); a travel
voucher summary; and a Travel Voucher or Subvoucher with attachments.

CONSIDERATION OF EVIDENCE:

1.  Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell
Orders Number 077-119 dated 18 March 2005 reassigned the applicant from
Fort Campbell, KY to the Pentagon area with a report date of not later than
1 May 2005 to the  U. S. Army Element, Office of the Secretary of Defense.

2.  By memorandum dated 31 March 2005, the Joint Chiefs of Staff, J2 funded
the applicant's TDY to the Pentagon area for the period 3 April through 16
May 2005 in support of the Iraqi Working Group.  A DD Form 1610 dated 31
March 2005 ordered the applicant to report TDY to the Joint Chiefs of
Staff, J2 with a will proceed date of 3 April 2005 for 44 days.  Since he
would not be returning to Fort Campbell, KY, he signed out of his unit
there on 3 April 2005.

3.  The applicant signed in to his new organization, the Office of the
Secretary of Defense, on 3 May 2005.

4.  In the processing of this case, an advisory opinion was obtained from
the Chief, Compensation and Entitlements Division, Office of the Deputy
Chief of Staff, G-1.  That individual opined the applicant did everything
possible to properly comply with his PCS and TDY orders that were
improperly issued as they attempted to place him in a TDY status at his new
permanent duty station (PDS).  That individual noted the applicant has
already been paid his PCS allowances which total $3,404.65.  That
individual opined the applicant should be properly compensated for both PCS
and TDY allowances due him had his orders been issued properly and verified
the applicant's TDY expenses totaled $4,493.04 (based upon a period of TDY
from 3 April through 2 May 2005).

5.  A copy of the advisory opinion was provided to the applicant for
comment.  He concurred with the advisory opinion on 26 July 2005.

6.  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.

7.  The Joint Federal Travel Regulation, paragraph U4100 states 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 a member is not authorized per
diem for travel or TDY performed within the limits of the PDS.

8.  Title 10, U. S. Code, section 1552, the law which provides for the
Board, states “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 received PCS orders dated 18 March 2005 assigning him to
the Pentagon area with a report date of 1 May 2005.  On 31 March 2005, he
received TDY orders to the Pentagon area with a report date to his TDY
station of 3 April 2005 for 44 days.  Because he signed out of his unit at
Fort Campbell, KY when he departed TDY, he in effect went TDY to his new
PDS.  According to the advisory opinion, he remained in a TDY status until
2 May 2005.

2.  Since a member is not authorized per diem for travel or TDY performed
within the limits of the PDS, the applicant was forced to incur
nonreimbursable TDY expenses that would not have been incurred had he not
been scheduled for PCS reassignment to the Pentagon area before his TDY was
completed.

3.  Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell
Orders Number 077-119 dated 18 March 2005 pertaining to the applicant
should be revoked and his records corrected to show that his reassignment
orders from Fort Campbell, KY to the U. S. Army Element, Office of the
Secretary of Defense were reissued on 3 May 2005 with a report date of 3
May 2005.  This will ensure he did not perform TDY at his PDS.

4.  The applicant’s military records may be corrected to show his new PCS
orders included the sentence “If officials at Fort Campbell, KY permit you
to ship your household goods, move your dependents, or incur any other
expenses allowed by these orders prior to the date of these orders and such
permission results in the nonpayment of normally-permissable PCS
allowances, 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, if necessary, the $3,404.65 in PCS allowances he has already been
paid.

BOARD VOTE:

__bje___  __klw___  __phm___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by:

     a.  revoking Headquarters, 101st Airborne Division (Air Assault) and
Fort Campbell Orders Number 077-119 dated 18 March 2005 pertaining to the
applicant;

     b.  showing his reassignment orders from Fort Campbell, KY to the U.
S. Army Element, Office of the Secretary of Defense were reissued on 3 May
2005 with a report date of 3 May 2005 and those orders included the
sentence “If officials at Fort Campbell, KY permit you to ship your
household goods, move your dependents, or incur any other expenses allowed
by these orders prior to the date of these orders and such permission
results in the nonpayment of normally-permissable PCS allowances, 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;”

     c.  paying to him all TDY expenses (in the amount of $4,493.04) he
incurred during the period 3 April through 2 May 2005;

     d.  and, if the correction in BOARD DETERMINATION/RECOMMENDATION,
paragraph a above, requires DFAS to recoup the $3,404.65 in PCS allowances
he has already been paid, having the Board pay him the $3,404.65 in PCS
allowances he is authorized.




            __Barbara J. Ellis_
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050009314                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050809                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |128.14                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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