IN THE CASE OF:	  

		BOARD DATE:	       30 December 2008

		DOCKET NUMBER:  AR20080011490 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that he be reimbursed for lodging expenses incurred while attending Special Operations Aviation Training Course.

2.  The applicant states that prior to entering into an agreement to stay with a friend, he asked a representative from the Regiment finance office if paying a friend was legal and he was told it was acceptable.  

3.  The applicant provides copies of a DD Form 1351-2 (Travel Voucher or Subvoucher), a Defense Travel System preview computer printout, a memorandum from his commanding officer, and a DD Form 149 (Application for Correction of Military Records) completed by his battalion commander.  [The DD Form 149 completed by the battalion commander could not be accepted as an official application; however, it is accepted as a statement in support of the applicant.]

CONSIDERATION OF EVIDENCE:

1.  The applicant was commissioned a second lieutenant on 14 June 2003 with promotion to first lieutenant on 21 January 2005 and to captain on 1 September 2006.



2.  The applicant received orders to attend the Special Operations Aviation Training Course held in Clarksville, Tennessee from 16 August 2007 through 19 February 2008.

3.  Upon completion of the course the applicant filed for reimbursement to include $4,200.00 for lodging.  Although the documentation is not available, the available evidence indicates the applicant was denied reimbursement for lodging because he had stayed with a friend. 

4.  On 14 July 2008, the applicant's battalion commander submitted a DD Form 149 on behalf of the applicant.  He states that the applicant was not being reimbursed for lodging expenses incurred during his unit directed temporary duty (TDY) training.  The battalion commander states that the applicant had asked a representative from the Regimental Finance office if paying a friend was legal.  He was told it was acceptable and the applicant agreed to pay his friend $600.00 per month to rent a room.  The total cost of lodging was $4,200.00.  The battalion commander believes that it is an injustice for the Defense Finance and Accounting Service to deny him the reimbursement.  He points out that another officer from the command also attended the schooling and has been paid $10,576.00 for his lodging.  

5.  In his 8 July 2008 memorandum, the applicant's regimental commander, a colonel, supported the applicant's request for reimbursement for housing during his TDY of 13 August 2007 through 9 March 2008.  He points out that that the applicant rented a room from a friend instead of staying in a hotel.  While this is a violation of Joint Federal Travel Regulations (JFTR) neither the applicant nor his chain of command were aware of the violation during the TDY period.  The colonel points out that the applicant was authorized to procure lodging at a rate not to exceed $70.00 per day.  While the location of his lodging may have been improper the amount of reimbursement the applicant is requesting works out to be $20.12 per day or a savings of 70 percent.  The colonel notes that another officer attending the same school was paid over $10,500.00 for lodging during the same period.  The colonel believes that a favorable decision will renew the command's trust in the Army's system to address and fairly resolve such issues.

6.  The record does not contain a complete copy of the applicant's reimbursement request with the receipts or documentation to support his reimbursement request.  

7.  In the development of this case an advisory opinion was obtained from the Chief, Compensation and Entitlements Division, Office of the Deputy Chief of 


Staff, G-1.  In this opinion it is noted that JFTR, paragraph 4129E is clear, in that lodging costs reimbursement is not authorized for a member who stays with a friend or relative while on TDY.  It is noted that the applicant and his chain of command were misinformed on the issue by members of the unit's finance office and if the applicant had been properly informed he would have obtained other lodging at a greater cost to the Government.  The Chief, Compensation and Entitlements Division does not have the authority to approve an exception to the JFTR but recommended favorable action by the ABCMR.

8.  A copy of the advisory opinion was forwarded to the applicant and he concurred with the findings and recommendation.

9.  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.

10.  The Joint Federal Travel Regulations, Volume 1 (Uniformed Service Members), Chapter 4, 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 permanent duty station.  Paragraph U4129E states that lodging cost reimbursement is not authorized for a member who stays with a friend or relative.  A member who lodges with friends or relatives is authorized the TDY location meal and incidental expenditures (M&IE) rate, if otherwise eligible. 

11.  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 states that prior to entering into an agreement to stay with a friend, he asked a representative from the Regimental finance office if paying a friend was legal and he was told it was acceptable.  

2.  The hard line finding on this case is that, despite the fact that the applicant was attempting to save the Government a significant amount of money on his lodging, the way he did it is not in compliance with existing regulation. 

3.  The applicant and his chain of command appear to have been provided incorrect information relating to what was considered authorized lodging arrangements during the applicant's TDY.  

4.  While the applicant was authorized by his command to stay with a friend, the JFTR precludes reimbursement for any amount paid out in such an arrangement.  

5.  From the statements provided by the applicant and his chain of command it is clear that the applicant was attempting to save the Government money while compensating his friend for allowing him to have a more relaxed rooming situation.  To preclude reimbursement for this lodging creates more than an injustice.  It actually punishes the applicant for trying to save the Army money because he did not have all of the facts before entering this arrangement. 

6.  Therefore, as an exception to policy, the applicant’s military records should be corrected to show his TDY orders were amended to include the sentence “If officials at the Defense Finance and Accounting Service fail to allow your request for reimbursement for lodging at a private residence 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 for his non-traditional lodging expenses. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ____X __  ___X____  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

Notwithstanding the staff DISCUSSION AND CONCLUSIONS above, the Board unanimously determined during their review that the evidence presented was insufficient to warrant a recommendation for relief.  Although the applicant did ask for guidance from his Regiment finance office, it is not credible that anyone, especially by the rank of captain, would think this kind of DOD process would allow reimbursing friends or family regardless of "saving the Government money."  Especially in light of the fact the applicant did not provide any lodging agreement or contract or other proof of payment, the Board recommends that the applicant's request be denied.




      __________X____________
       	   CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080011490



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080011490



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1