IN THE CASE OF:	  

		BOARD DATE:	  4 June 2013

		DOCKET NUMBER:  AR20120016409 


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, in effect, correction of his record to show he was ordered to active duty for operational support on 1 July 2012.  He further requests reimbursement of travel expenses incurred between 1 - 19 July 2012 and all pay and allowances due to him as the result of this correction.

2.  The applicant states that he was told to report to Costa Rica on 1 July 2012 for temporary duty (TDY).  He created Defense Travel System (DTS) orders which were approved by his officer-in-charge (OIC).  As a consequence of this discrepancy, he was denied credit for a 90-day tour which would have added an additional year of service toward his retirement.

3.  The applicant provides:

* DD Form 1058-R (Application for Active Duty for Training, Active Duty for Special Work, Temporary Tour of Active Duty, and Annual Training for Soldiers of the Army National Guard (ARNG) and U.S. Army Reserve)
* Leave and Earnings Statements (LES) for the period 1-31 August 2012
* DD Form 1351-2 (Travel Voucher or Subvoucher)
* Southern Command email correspondence, dated 5 June 2012
* DD Form 1610 (Request and Authorization for TDY Travel of Department of Defense Personnel), dated 6 June 2012
* DTS history, dated 27 July 2012
* Verification of Temporary Active Duty (TAD), dated 3 August 2012
* a self-authored memorandum, dated 30 November 2012 
* Email of pay and expense calculations, dated 30 January 2013
* Memorandum For Record, dated 22 February 2013

CONSIDERATION OF EVIDENCE:

1.  The applicant was a sergeant first class (SFC) in the ARNG at the time of his application.

2.  His record contains Orders Number T-07-236120, issued by the U.S. Army Human Resources Command (HRC), dated 19 July 2012, which ordered him to active duty for operational support for Reserve Component (ADOS-RC).  These orders show:

* Period of active duty:  74 days plus allowable travel time
* Report to:  Panama City, Panama
* Reporting Date:  19 July 2012
* Attached:  U.S. Army Element, Headquarters, U.S. Southern Command (SOUTHCOM), Miami, FL
* Additional Instructions:  Report prior to prescribed date not authorized

3.  He provided:

   a.  An email from MAJ N____, SOUTHCOM J-1, dated 5 June 2012, which stated "Please see the attached 1058-R.  Need you to complete and return to me.  I will try and get your orders cut today, NLT tomorrow.  Start Date:  1 July 12, End Date:  28 Sep 12."

   b.  His application for active duty (DA Form 1058-R), dated 5 June 2012, which shows he requested additional active duty training for a period of 90 days with a start date of 1 July 2012.  He did not submit documentation that his request was approved.

   c.  An unsigned DD Form 1610, dated 6 June 2012, requesting travel from Panama City, Panama to San Jose, Costa Rica, then to Miami, FL and return to Panama City, Panama.  These orders show a proceed date of 1 July 2012 for a period of approximately 90 days.  In addition, these orders show he was authorized per diem of $20,726.25, travel pay of $1405.81, and other expenses of $15.25 which totaled $22,147.31.

   d.  DTS travel information and eTicket Receipt in the amount of $1405.81 which show he made travel arrangements to Costa Rica on 19 June 2012.  He also provided his lodging receipt for the period 1 July - 31 July 2012 which totaled $3999.00 in U.S. dollars.

   e.  Email correspondence between the applicant, MAJ Nxxx, and the SOUTHCOM DTS Manager between 27 July 2012 and 30 October 2012 which show the applicant made several attempts to have his orders corrected to show the start date of his TDY as 1 July 2012 versus 19 July 2012.  He also requested reimbursement for expenses and active duty pay acurred between his start date and 19 July 2012.  On 27 July 2012, MAJ Nxxx informed the applicant that HRC would not back date his orders because he began performing duty without orders in hand while awaiting funding for the mission.
   
   f.  A memorandum from the Chief, Office of Defense Representative (ODR), Commander, U.S. Coast Guard.  This memorandum stated the applicant reported for duty at San Jose, Costa Rica on Sunday, 1 July 2012.  The ABCMR analyst contacted MAJ H____, at ODR.  MAJ H___ stated that "In all our communications with the SOUTHCOM J-1 section, we were told that he would report on 1 July 2012."  He also stated that he "believed" the Soldier had authorized travel orders.
   
   g.  Copies of his pay vouchers, which show he was in an active duty for training status for the period 1-31 August 2012.
   
   h.  An unsigned DD Form 1351-2 which shows in item e (Summary of Payment) that he was due $2324.50.
   
   i.  A memorandum, dated 22 February 2013, written by the Chief, Army Strength Management, SOUTHCOM, MAJ Nxxx.  He stated that the applicant was on a previous set of orders for SOUTHCOM Headquarters when he was selected for this mission.  While SOUTHCOM was awaiting additional funding to be cross loaded from HRC to support his base pay order the applicant proceeded to Costa Rica from Panama to be on station with the expectation his orders would be processed and sent to his Army Knowledge Online (AKO) account.  Due to no fault of the Soldier, the orders were not processed in a timely manner and he carried out his duties to support this critical mission.  Lodging and per diem were authorized for the dates not accounted for on the orders.  He contends that the applicant's TDY authorization was approved in DTS pending official orders from HRC.  Further, the applicant was serving in his official capacity fulfilling his duties during the period 1 -19 July 2012.  He currently has an outstanding balance on his Government Travel Card.
   
   j.  An email in which he itemized the following unreimbursed expenses and pay due: 

* Lodging (Hotel Villas del Rio) $129.00 x19 days		2,451.00
* Meals and expenses (Per Diem), $93.00 x 19 days		1,767.00
* Active Duty Pay for period 1-19 July 2012				3,352.74
	Total:															7,570.74

4.  Orders Number C-02-303205, issued by HRC, dated 26 February 2013, show he was transferred to the Retired Reserve on 1 May 2013.

5.  In the processing of this case, an advisory opinion, dated 10 December 2012, was received from the Deputy G3, HRC.  The advisory official recommended disapproval of the applicant's request to back date his ADOS-RC orders because the applicant traveled without proper authorization.  The official stated that the applicant was contacted to determine his availability to support SOUTHCOM's Counter Narcotics mission in Panama; however, funds would have to be transferred from another organization before his travel could be authorized.  The fund transfer was completed on or about 17 July 2012 and orders were published with a report date of 19 July 2012.  The advisory opinion further stated a senior noncommissioned officer should be fully aware that travelling without orders places him in a non-duty status and that all duty performed in a non-duty status is at the Soldier's own expense.

6.  In his rebuttal, the applicant stated that MAJ Nxxx advised him of a mission in Costa Rica, not Panama as stated in the advisory opinion, with a start date of 
1 July 2012.  On 4 June 2012, MAJ Nxxx requested his passport and visa be expedited.  On 5 June 2012, MAJ Nxxx requested that he complete the DA Form 1058-R and return it immediately, which he did so that his orders could be cut not later than the following day, 6 June 2012.  Based on this information, he made travel and lodging reservations to report to duty on 1 July 2012.  At this point he had never been informed the assignment had not been funded or told not to proceed with his travel arrangements.

7.  He further stated that on 27 July 2012, he was notified that his orders, dated 19 July 2012, were published with a report date of 19 July 2012.  When he received this notification he had been at work since 1 July 2012 as verified by the memorandum from the Coast Guard commander.  He went on this mission and performed his duties to the best of his abilities.  This error is affecting his financial situation, credit, and retired pay.  It is unfair that he would have to work 19 days and not be paid or compensated for lodging, meals, or expenses.

8.  Army Regulation 600-8-105 (Orders) states:

	a.  The authority to issue travel orders is vested in the Chief of Staff, U.S. Army and The Adjutant General.  This authority is further delegated for TDY travel orders involving travel to, from, or between locations OCONUS:

* Vice Chief of Staff, U.S. Army, and heads of Army staff agencies reporting directly to the Chief of Staff, U.S. Army
* Heads of Army staff agencies for their field commands and activities
* Major Army commanders
* Commanding General, U.S. Army Recruiting Command
* Commander, U.S. Military Entrance Processing Command
* Commanders or heads of installations reporting directly to a Major Army Commander

	b.  The accountability for TDY travel will be maintained so that crime-conducive conditions of fraud, waste, and abuse may be effectively controlled.  The order-requesting, order-approving, and order-authorizing officials within each command and subordinate activity or element will be designated in accordance with procedures established locally.  Except under unusual circumstances or time sensitive situations, the requesting official will not sign as the approving official, and the requesting official or approving official will not sign as the order-authorizing official.  Facsimile signature stamps are not authorized.  Each official will understand the position to which designated:

Requesting official.  The requesting official is normally the traveler’s supervisor or a person who has full knowledge of the purpose and requirement of the travel.  This official ensures that the travel is required and that all entitlements and special authorizations are essential to the mission. 

Approving official.  The approving official is normally the person at the next higher level in the chain of command to the requesting official and shares the same accountability as the requesting official.

Order-authorizing official.  The order-authorizing official ensures that costing is reasonable, entitlements are authorized under governing regulations, the correct accounting citation and traveler’s DSSN are shown in item 19, and the order is properly distributed.  The order-authorizing official will enter the accounting classification chargeable for advance payments, including appropriation, element of resource, document reference number, and fiscal station number.  This official also ensures that item 19 has been signed by the appropriate official or a designated representative who certifies that funds are available. 

	c.  Officials who sign the DD Form 1610 will be prepared to explain the reasonableness of their action to request, approve, and authorize orders for the expenditure of Government funds.  By signing DD Form 1610, officials verify that the TDY travel is reasonably justified (subject to audit or inspection).

	d.  When completing the travel orders, enter the date, in Item 10b (Proceed O/A (Date) of the DD Form 1610 as accurately as possible, for beginning official travel. (Official travel may begin as much as 7 days before or after the indicated date but is not official until the date the travel order is issued.)

	e.  A commander may issue verbal orders when the situation demands immediate action, normally in a combat situation.  Issue confirmatory written orders within 30 calendar days when the verbal order involves expenditure of public funds.  If the written order is issued more than 30 calendar days after the effective date of the verbal order, provide the servicing finance office and the next higher command with written justification for the delay and the action taken to prevent recurrence.  The finance office will file the explanation with the order as a substantiating document.  Also include a notation in the confirmatory orders as a response to the Authority lead line that the order confirms verbal orders of the commanding general or commanding officer and the date the verbal orders were given; for example, “Confirms verbal orders of commanding officer, 20 January 1992.”  If there is no Authority lead line for the format being used, include this information as a response to the Effective date lead line.  Include this information in item 16 (Remarks) of the DD Form 1610. 

9.  The Joint Federal Travel Regulation states in: 

	a.  Paragraph U2115 that the Approving Official must approve a travel order issued under unusual conditions and not originated by competent authority before reimbursement of travel expense.

	b.  Paragrapgh U2105 that some allowances may be authorized (permission given before an act) only in advance of travel.  Other allowances may be approved after travel is completed.  Other allowances may be authorized and/or approved.  Approval after the fact, when permitted, does NOT constitute a “retroactive modification” of an order to create, change, or deny an allowance.  Except to correct or to complete an order to show the original intent, a travel order must not be revoked or modified retroactively to create or deny an allowance.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his record to show he was ordered to active duty for operational support on 1 July 2012.  He further requests reimbursement of travel expenses incurred between 1 - 19 July 2012 and all pay and allowances due to him as the result of this correction.

2.  The applicant contends that his administrative officer, MAJ Nxxx, directed him to report for duty in Costa Rica on 1 July 2012.  The applicant submitted an unsigned DD Form 1610, dated 6 June 2012, his DTS itinerary which was created and approved on 19 June 2012 and a written acknowledgement from his administrative officer, MAJ Nxxx.  In his acknowledgement, MAJ Nxxx stated that the applicant traveled from Panama City to Costa Rica with the expectation his orders would be processed.  Further, the applicant performed his duties as required while serving in his official capacity and fulfilling his duties during the period 1 -19 July 2012.  He currently has an outstanding balance on his Government Travel Card due to no fault of his own.

3.  The regulation allows for the issuance of verbal travel orders when the travel is combat-related or time sensitive.  It appears the applicant was given a "verbal order" to proceed to Costa Rica; however, the JFTR clearly states the Approving Official must approve travel orders issued under unusual conditions and not originated by competent authority before reimbursement of travel expenses and must issue confirmatory written orders within 30 calendar days when the verbal order involves expenditure of public funds.  There is no evidence to suggest his mission was combat-related or time sensitive; therefore, a verbal order would not be appropriate in this case.

4.  Further, applicable regulatory guidance states that when completing travel orders, enter the date in Item 10b (Proceed O/A (Date) of the DD Form 1610 as accurately as possible, for beginning official travel.  Official travel may begin as much as 7 days before or after the indicated date but is not official until the date the travel order is issued.  His travel orders were issued on 19 July 2012.  The applicant had neither official travel orders nor the Approving Officials confirmation of a verbal order; therefore, he was not authorized to travel to Costa Rica.  As such any expenses he incurred or active duty pay he feels he is due between 
1 July and 19 July 2012 should not be reimbursed.

5.  The accountability for TDY travel will be maintained so that crime-conducive conditions of fraud, waste, and abuse may be effectively controlled.  It is unclear why the applicant's chain of command allowed him to proceed without official travel orders when they were informed in advance that funding was not available. 

6.  In view of the above, his request should be denied.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X____  ____X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

      
      
      
      _______ _   __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)                                         AR20120016409





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120016409



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1