BOARD DATE:	  15 October 2013

		DOCKET NUMBER:  AR20120017113 


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, payment of per diem for the period 1 October 2011 through 19 January 2012.

2.  The applicant states she submitted a travel voucher for a long-term period of temporary duty (TDY).  After discussions with Defense Finance and Accounting Service (DFAS) officials and several amendments to her orders to comply with the 140-day limit, she was instructed to apply for temporary lodging expense (TLE).  However, TLE is used in conjunction with permanent change of station (PCS), not TDY.

	a.  She received a little over $200.00 in TLE and was told that she could not resubmit her travel claim.  She attempted to explain that she did not PCS to Fort Hood, TX, but was there to train for a new military occupational specialty.  DFAS officials agree that she was in a TDY status, but are unable to pay her until her orders are corrected.

	b.  She states her wages were garnished to pay the charges on her Government credit card that she used to pay her lodging and transportation expenses.  She estimates that she spent about $3,000.00 out-of-pocket.  She adds that she is a single mother with many bills and a mortgage to pay.

3.  The applicant provides her travel voucher with attachments, orders, and email messages.



CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving in the U.S. Army Reserve (USAR) in the rank of master sergeant/pay grade E-8.

2.  The applicant's records do not contain a copy of the orders that brought her on active duty effective 14 March 2011.  However, a DA Form 2166-8 (NCO Evaluation Report) for the period 24 November 2010 through 23 November 2011 shows the applicant was in a temporary tour of active duty (TTAD) status.

3.  A DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the applicant was ordered to active duty on 14 March 2011, honorably released from active duty on 8 March 2012 based on completion of required active service, and transferred to her USAR unit.  She completed 11 months and 25 days of net active service this period.

4.  In support of her application, the applicant provides the following documents:

	a.  DD Form 1351-2 (Travel Voucher or Subvoucher), dated 6 March 2012, with lodging and gasoline receipts, that show the applicant claimed TDY for the period 1 October 2011 to 19 January 2012 at Fort Hood, TX, with expenses, as follows:

* Fuel:  $626.94
* Lodging:  $2,030.00 (October-November 2011)
* Lodging:  $1,390.00 (December 2011-January 2012)

	b.  Four orders issued by the 81st Regional Support Command, Fort Jackson, SC, as follows:

* Orders Number 000035, dated 24 September 2011, that ordered the applicant to active duty training (ADT), at Fort Hood, TX, for a period of 365 duty days effective 1 October 2011
* Orders Number 014014, dated 27 December 2011, that amended the orders to a period of 366 duty days
* Orders Number 027048, dated 27 February 2012, that amended the orders to a period of 160 duty days
* Orders Number 027908, dated 29 February 2012, that amended the orders to a period of 111 duty days

	c.  Email messages (24 pages) between the applicant and DFAS officials, spanning the period from 2 to 18 August 2012, pertaining to her efforts to resolve her travel status to avoid garnishment of her pay and in which she states that her orders were amended from 365 days to 111 days for the period 1 October 2011 to 19 January 2012.  She was advised to apply to the Army Board for Correction of Military Records.

5.  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, Washington, DC.

   a.  The advisory official recommends the applicant's request for relief be denied as there is no injustice or error.

   b.  Based on a review of the applicant's request, the orders calling her to active duty were issued under a PCS status and are consistent with Army policy.  Thus, her orders should not be amended to provide per diem entitlement while assigned to Fort Hood, TX.

6.  On 26 August 2013, the applicant was provided a copy of the advisory opinion to allow her the opportunity to submit comments or a rebuttal.  To date, the applicant has not provided a response.

7.  Army Regulation 135-210 (Order to Active Duty as Individuals for Other Than a Presidential Selected Reserve Call-up, Partial or Full Mobilization), chapter 3, paragraph 3-1 (Description of TTAD), provides that only Reserve Soldiers are authorized to perform active duty for special work.  Active duty for special work when paid from Military Personnel, Army (MPA) appropriations is identified as a TTAD.  TTAD is voluntary active duty performed by Army National Guard of the United States and USAR Soldiers who possess special expertise needed for short term support or completion of an essential active force mission.

8.  Joint Federal Travel Regulations (JFTR), Volume 1, governs policy pertaining to per diem, travel and transportation allowances, relocation allowances, and certain other allowances of Uniformed Service Active Duty and Reserve Component members.  Paragraph U2205 (Retroactive Order Modification and Authorization/Approval) provides that a TDY location can be changed to a permanent duty station (PDS), but a PDS cannot be changed to a TDY station once travel to the PDS is complete (i.e., traveler has reported for duty).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her orders should be amended to authorize her payment of per diem for the period 1 October 2011 through 19 January 2012.

2.  The evidence of record shows the applicant was ordered to ADT at Fort Hood, TX, effective 1 October 2011.  The evidence of record also shows the period of ADT was initially for 1 year; however, orders amended the period to 111 days.

3.  There is no evidence of record and the applicant provides insufficient evidence to show that she was placed on orders to Fort Hood, TX in a TDY status.  Thus, she is not authorized per diem for the period under review.

4.  The JFTR provides that a PDS cannot be changed to a TDY station once travel to the PDS is complete.  The applicant completed the period of her ADT at the PDS and returned to her unit on 19 January 2012.

5.  Therefore, there is no basis for granting the applicant's requested relief.

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 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)                                         AR20120017113



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ABCMR Record of Proceedings (cont)                                         AR20120017113



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