BOARD DATE:	  20 June 2013

		DOCKET NUMBER:  AR20120018884 


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 correction of his record to show he was on temporary duty (TDY) travel orders on the days he traveled to Modesto, CA during the period 14 February 2011 to 16 February 2012.  He further requests reimbursement of travel expenses and payment of the daily per diem amount authorized for those days he traveled to Modesto, CA.

2.  The applicant states he was directed to commute outside of 50 miles from his official duty station in Sacramento, CA to Modesto, CA using his own privately owned vehicle (POV) from 14 February 2011 to 16 February 2012.  He believes his command violated Army regulations and Federal travel regulations by telling him he had to commute back and forth to Modesto, CA using his own POV without any type of TDY travel orders or reimbursement during this period.

3.  The applicant provides:

* California Army National Guard (CAARNG) Orders 25-1105
* CAARNG Orders 73-1049
* a DA Form 2823 (Sworn Statement) with various documents and spreadsheets related to his duty status
* four DD Forms 1610 (Request and Authorization for TDY Travel of Department of Defense (DoD) Personnel)
* seven DA Forms 31 (Request and Authority for Leave)
* a letter from the CAARNG Inspector General's (IG) office 


CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he was a member of the CAARNG serving in a full-time National Guard duty (FTNGD) status at the time of his application to the Board.

2.  Orders 25-1105, issued by Joint Force Headquarters (JFH) CAARNG, dated 25 January 2011, ordered the applicant to proceed on a permanent change of station (PCS) from the 645th Engineer Detachment in Sacramento, CA to Headquarters and Headquarters Company (HHC) (-), 1-184th Infantry Battalion in Sacramento, CA effective 1 February 2011.  The orders show he was to serve on FTNGD as a supply sergeant for the period 1 February 2011 through 19 February 2013.

3.  On 13 March 2012, JFH CAARNG Orders 73-1049 ordered the applicant to report for FTNGD to the Commander, HHC (-), 1-184th Infantry Battalion, Modesto, CA, effective 1 February 2012.  The orders show he was assigned to HHC (-), 1-184th Infantry Battalion, Modesto, CA with duty at 8450 Okinawa Street, Sacramento, CA.  The orders further stated the applicant was not authorized a PCS move from his home of record to the Active Guard Reserve (AGR) duty station.

4.  The applicant provides a DA Form 2823 he completed on 2 July 2012.  He stated that on 1 February 2011 he voluntarily transferred from the 645th Engineer Detachment located in Sacramento, CA to HHC (-), 1-184th Infantry Battalion, Modesto, CA after being told HHC (-), 1-184th Infantry Battalion was relocating to Sacramento, CA.  He was willing to accept the transfer in lieu of being relocated to Santa Rosa, CA.  The commute to Santa Rosa would have been about 2 hours each way.  He stated that he accepted the transfer based on the fact (assumption on his part) that he would be working in Sacramento where he lived.  The battalion command sergeant major (CSM) had told him HHC (-), 1-184th Infantry Battalion would be relocating to Sacramento at some point in time.  However, the unit has not relocated and is not scheduled to relocate.

	a.  He contacted the JFH CAARNG IG office and learned he should have never been required to report to Modesto from Sacramento because his original AGR orders dated 25 January 2011 assigned him to the Okinawa Armory in Sacramento, CA. and not the Rouse Armory in Modesto, CA.  He stated from 14 February 2011 to 16 February 2012 he used his own POV to commute back and forth to Modesto, CA.  He was not afforded the opportunity to PCS and he was not given a government vehicle to use to commute back and forth to Modesto.  After his case was opened with the JFH IG he was told he would begin using a government vehicle to travel back and forth to Modesto.
	b.  As attachments to this DA Form 2823, he provides:

* spreadsheet, labeled Exhibit B to DA Form 2823, showing his duty status and the days for which he desires TDY travel reimbursement
* spreadsheets labeled Exhibit C to DA Form 2823, showing yearly training calendar and drill date information
* four DD Forms 1610 for travel from Modesto, CA to Camp Roberts, CA and Camp San Luis Obispo, CA
* DA Forms 31 covering seven periods of annual leave during the period 31 May 2011 through 6 February 2012

5.  An email from the JFH CAARNG IG office addressed to the applicant stated in that office's interview with financial systems specialists from the Defense Finance and Accounting Service (DFAS) it was indicated that the unit had violated Army Regulation 600-8-105, paragraphs 1-21a and 1-23a by not placing the applicant on TDY orders to a location other than his assigned place of active duty per Orders 25-1105, dated 25 January 2011.

6.  On 17 September 2012, the JFH CAARNG IG stated it had conducted a thorough investigation in the applicant's request for assistance regarding his request for transfer to another unit in Sacramento, CA and reimbursement for expenses incurred from travel he was ordered to make without written orders.  The letter states effective 1 September 2012, he was transferred to Headquarters and Headquarters Detachment, JFH in Sacramento, CA on Orders 230-1089.

7.  The JFH CAARNG IG further stated that battalion, brigade, and United States Property and Fiscal Office-California personnel were interviewed or consulted and it had been determined that there was no administrative remedy at their level.  There also was no administrative remedy at the National Guard Bureau.  The DFAS specialists stated that his only recourse for reimbursement was to submit an application to the Army Board for Correction of Military Records (ABCMR).  The IG further stated the ABCMR was the only agency with the authority to direct the CAARNG to reimburse him for the mileage and per diem entitlements he might have received if the unit had properly placed him on TDY orders.

8.  In the processing of this case, on 20 March 2013, an advisory opinion was obtained from the Deputy Chief of Staff, G-1, Chief, Compensation and Entitlements Division.  The advisory official recommended that the applicant be reimbursed travel expenses resulting from his being directed to perform travel to a duty location other than his assigned permanent duty station (PDS).  The official stated Orders 25-1105, dated 25 January 2013, issued by the CAARNG, clearly demonstrated the applicant was reassigned from the 645th Engineer Detachment, 3250 Meadowview Road, Sacramento, CA to HHC 1-184th Infantry Battalion, 8450 Okinawa Street, Sacramento, CA.  Upon reassignment the applicant was directed to report for duty at a location in Modesto, CA, a distance of some 80 miles from his assigned PDS.  Paragraph U2805 of the Joint Federal Travel Regulations (JFTR) specifically addresses this situation and states that transportation expense reimbursement is authorized if the expenses incurred for travel to the alternate work site exceed the expenses ordinarily incurred by the traveler to commute to the PDS workplace.  The advisory official stated the normal process for reimbursement involves the Soldier completing a Standard Form 1164, the unit placing a fund cite on the form, and then submitting it for payment.
 
9.  The advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or a rebuttal.  He stated he had no comments on the advisory opinion provided to the ABCMR by the Deputy Chief of Staff, G-1.

10.  The JTFR, paragraph U2200 (General) states that generally travel orders are a necessity except when same-day in and around local travel with no lodging requirement is involved.

11.  The JFTR, paragraph U2805 (PDS Area Travel) states, in pertinent part, that the approving official may authorize/approve reimbursement for transportation expenses in the PDS area for travel during usual official duty hours, between: 

* office/duty point and another place of business 
* places of business 
* residence and place of business other than office or duty point

12.  The JTFR, paragraph U4102, states a member is not authorized per diem for any day that is not a day in a travel status.

13.  The JFTR further provides that when privately owned conveyance (POC) travel is authorized/approved POC travel is reimbursed using the authorized TDY mileage based on odometer readings (or other acceptable evidence) of the actual necessary distance traveled for conducting official business.  If a POC is ordinarily used to/from home, and POC travel is authorized/approved between the residence/PDS and one or more alternate work sites within the local area, TDY mileage must be paid for the distance that exceeds the normal commuting distance. 

14.  Army Regulation 600-8-105 (Military Orders) prescribes the policies and mandated operating tasks for the orders program of the Military Personnel System.  Paragraph 1–21 (authority to issue TDY orders) states TDY away from the home station will be held to a minimum consistent with military necessity.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that he be placed on TDY travel orders for those days he traveled to and from Sacramento, CA to Modesto, CA during the period 14 February 2011 to 16 February 2012 and that he be reimbursed for corresponding travel completed and for per diem if authorized was carefully considered.

2.  JFH CAARNG Orders 25-1105 ordered the applicant to proceed on a PCS from the 645th Engineer Detachment in Sacramento, CA to HHC (-), 
1-184th Infantry Battalion in Sacramento, CA effective 1 February 2011 to serve on FTNGD for the period of 1 February 2011 through 19 February 2013.  He states his command violated Army regulations and Federal travel regulations by directing him to commute outside of 50 miles from his official duty station in Sacramento, CA back and forth to Modesto, CA using his own POV without any type of TDY travel orders or reimbursement during the period 14 February 2011 to 16 February 2012.  

3.  Though the applicant provided copies of his approved annual leave requests, spreadsheets, and other documents in an effort to show when he performed duties in Modesto, CA, these are not sufficient for the Board to determine with certainty what reimbursement may be due the applicant.  However, in the interest of equity and justice it would be appropriate for his CAARNG unit or other appropriate office to assist the applicant with completion and submission of a Standard Form 1164 to the appropriate CAARNG office for reimbursement for travel to and from Modesto, CA during the period 14 February 2011 to 16 February 2012.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__x___  ___x_____  ___x_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all State ARNG and Department of the Army records of the individual concerned be corrected by showing that, with assistance from his unit or any other appropriate office, he completed a Standard Form 1164, that the Standard Form 1164 was accepted and processed by the appropriate office, and that he be paid accordingly from ARNG funds. 

2.  The Board further determined the evidence presented was 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 issuing him TDY travel orders and authorizing him payment of per diem for travel to and from Modesto, CA during the period 14 February 2011 to 16 February 2012.




      _______ _ 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)                                         AR20120018884



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ABCMR Record of Proceedings (cont)                                         AR20120018884



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