RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  8 February 2007
	DOCKET NUMBER:  AR20060009652 


	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

Ms. Joyce A. Wright

Analyst


The following members, a quorum, were present:


Mr. Jeffrey C. Redmann

Chairperson

Mr. David K. Haasenritter 

Member

Mr. Ronald D. Gant

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, reimbursement for the auto rental, postal, and lodging cost, he incurred, after re-deployment, at Fort Bliss, Texas. 

2.  The applicant states, in effect, that he was attached to a National Guard (ARNG) unit, 42nd Infantry Division, in Iraq from 10 November 2004 to 2 November 2005.  When he returned home, they made him demobilize at Fort Bliss, Texas, because he was an Active duty officer.  He was there from 4 November 2005 to 19 December 2005.  While there, he accrued several living expenses and was told he would be reimbursed on his next travel voucher.  He was told that he could file all expenses on his next travel once he arrived at Fort Drum, New York, on 16 January 2006.  However, he was told that the Regular Army was not responsible for these expenses but the ARNG was responsible for reimbursement. 

3.  The applicant provides several copies of receipts and documentation in support of his request. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving on active duty in the rank and pay grade of first lieutenant (lLT/O-2).

2.  On 19 December 2003, Headquarters, United States Army Cadet Command, Orders 353-23-A-2759 were published ordering the applicant to active duty with assignment to HHC (Headquarters and Headquarters Company), 10th Infantry Mountain Division, Fort Drum, New York, with a reporting date of 20 August 2004.  He was required to perform temporary duty (TDY) at Fort Leonard Wood, Missouri. 

3.  On 13 July 2004, those orders were amended assigning the applicant to  116th Engineer Battalion Combat Corps, Fort Bliss, Texas, with a reporting date of 4 August 2004.  The unit was reassigned to US Army Garrison, Fort Bliss, for onward assignment to Coalition Forces Land Component Command, Kuwait, with duty in Iraq, in support of Operation Iraqi Freedom and return, with a deployment date of 1 October 2004.

4.  On 10 November 2005, orders were published reassigning the applicant to Fort Drum, New York, with a reporting date of 31 March 2006.


5.  The applicant provides copies of several receipts for his auto rental, postage, and lodging.  He also provides a detailed summary for each item of expense which shows that he spent $1,076.47 for auto rental expenses, $245.94 for postage, and $686.96 for lodging expenses.  The summary shows that he received $841.00 for BAH (Basic Allowance for Housing) for the month of November 2005.

6.  In the processing of this case, an advisory opinion was requested of the Chief, Compensation and Entitlement Division, Office of the Deputy Chief of Staff, G1.  

7.  On 13 December 2006, the G1 provided the Board an advisory opinion.  The G1 stated that after a careful review of the facts surrounding the applicant's case, they recommended that the Board retroactively authorized the applicant reimbursement for the auto rental and postal cost he incurred.  The G1 did not recommend reimbursement for the lodging cost he is claiming reimbursement for. 

8.  The G1 stated that the applicant incurred auto rental and lodging cost while at Fort Bliss, Texas, his PDS.  He was not away from his PDS on TDY.  Therefore, there is no authority to grant reimbursement for these costs.  However, prior to the applicant's deployment, the only reason he was sent to Fort Bliss was to deploy with an ARNG unit to Iraq.  His original PCS (permanent change of station) orders were to Fort Drum which were subsequently amended for Fort Bliss prior to his deployment.  After his re-deployment, the intent was to permanently reassign the applicant back to Fort Drum which was accompanied by issuing PCS orders to Fort Drum on 10 November 2005.  However, they believe the applicant was misinformed and thought he would be reimbursed for costs he incurred while at Fort Bliss after re-deployment.  

9.  The G1 states, that as a result, they supported reimbursement of the auto rental cost, he incurred at Fort Bliss totaling $1,076.47.  Additionally, prior to re-deployment, the applicant incurred $245.94 in postal cost for shipping items back from Iraq to his address in New York.  The G1 supports reimbursement for these costs too since the items he shipped included his TA-50, Regulations, and Army files.  He would not have had access to these items for a significant period of time had he sent them back with the rest of his unit, (a ARNG unit), because his follow-up assignment was to Fort Drum, New York.  The G1 did not support reimbursement for the lodging costs the applicant incurred at Fort Bliss that totaled $686.96 because he was paid BAH, at the without dependent rate, of  $841.00 for November 2005 to cover his lodging costs. 


10.  The applicant was provided a copy of the favorable opinion for possible comment prior to consideration of this case.  The applicant responded within the timeframe allotted and concurred on 9 January 2007.

11.  Title 37 (Pay and Allowances of the Uniform Services), United States (US) Code Section 404 provides, in pertinent part, that under regulations prescribes by the Secretaries concerned, a member of the Uniform Service is entitled to travel and transportation allowances for travel performed or to be performed under orders, without regard to the comparative cost of the various modes of transportation such as upon a change of permanent station, or otherwise, or when away from their designated post of duty regardless of the length of time they are away from that post.

12.  The JFTR (Joint Federal Travel Regulation), paragraph U4100 states that a per diem allowance is designated to offset the cost of lodging, meals, and incidental expenses incurred by a member while performing travel, and/or TDY (temporary duty) away from the member's permanent duty station (PDS). 

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant was mobilized to Fort Bliss, Texas, as an active duty officer.  His unit was deployed in support of Operation Iraqi Freedom.  Upon his return from deployment he incurred several expenses while at Fort Bliss, such as auto rental, postal, and lodging.  

2.  The G1, after a careful review of the evidence, supported reimbursement of the applicant's auto rental expenses, in the amount of $1,076.47, and postal expenses in the amount of $245.94.  However, the G1 did not support reimbursement of his lodging expenses in the amount of $686.96, because he was paid BAH, at the without dependent rate, in the amount of $841.00, for November 2005, to cover his lodging costs.

3.  The applicant has provided no orders authorizing travel in and around Fort Bliss, Texas, his duty station prior to reassignment back to Fort Drum.  He has failed to provide a statement of non-availability for Government quarters, during his re-deployment.  He was authorized BAH at his PDS.  





4.  It is noted in the applicant's case, that as a matter of propriety he is not entitled to reimbursement for his auto rental and postal cost.  However, in view of the circumstances, it would be appropriate, as a matter of fairness and equity, to reimburse the applicant for his auto rental expenses in the amount of $1,076.47, and postal expenses in the amount of $245.94.  The Board does not support reimbursement of his lodging expenses in the amount of $686.96, because he was paid BAH, at the without dependent rate, in the amount of $841.00, for November 2005, to cover his lodging costs.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__RDG__  __JCR __  __DKH__  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 partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by authorizing the applicant's reimbursement of $1,076.47 for auto rental expenses and $245.94 for postal expenses.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to reimbursement of lodging expenses in the amount of $686.96.  




____Jeffrey C. Redmann____
          CHAIRPERSON




INDEX

CASE ID
AR20060009652
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070208
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY
AR . active duty
DISCHARGE REASON

BOARD DECISION
GRANT//DENY
REVIEW AUTHORITY

ISSUES         1.
128
2.

3.

4.

5.

6.


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