BOARD DATE:	  13 November 2014

		DOCKET NUMBER:  AR20140005952 


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 records to show retroactive authorization and reimbursement of travel pay.

2.  The applicant states that based on his medical condition, personnel at his unit instructed him to purchase his airline ticket for his Government travel and also informed him that he would be reimbursed for his air travel.  However, the Defense Finance and Accounting Service (DFAS) subsequently informed him that, in support of his travel claim, he must furnish copies of orders that directed the Government travel.

3.  The applicant provides copies of his release from active duty (REFRAD) orders and DD Form 1351-2 (Travel Voucher or Subvoucher) with enclosures.

CONSIDERATION OF EVIDENCE:

1.  The applicant had prior honorable enlisted service in the U.S. Army Reserve (USAR), Regular Army, and Army National Guard (ARNG) from 7 May 1974 through 6 May 1980.  He had a break in military service from 7 May 1980 through 
18 January 1983.  He enlisted in the ARNG on 19 January 1983.  

2.  The applicant was appointed as a Reserve warrant officer, in the rank of warrant officer one, on 1 March 1984.  He attained the rank of chief warrant officer four (CW4) on 22 November 1999.

3.  On 26 September 2010, the applicant was ordered to active duty as an Aviation Maintenance Officer (recalled from retired status).  He served in Honduras, an imminent danger pay area, from 20 October 2010 to 4 June 2011.

4.  Headquarters, U.S. Army Maneuver Center of Excellence, Fort Benning , GA, Orders 159-2252, dated 8 June 2011, released the applicant from active duty on 6 June 2011, not by reason of physical disability, and transferred him to the USAR Control Group (Retired Reserve).  The additional instructions of the orders, in pertinent part, show –

* Returned from deployment/completion of required active duty
* Government transportation authorized from Fort Benning, GA to Home of Record (HOR) or Place Entered into Active Duty (EAD)

5.  The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty), as corrected by a DD Form 215 (Correction to DD Form 214) shows he was honorably REFRAD on 2 July 2011, based upon completion of required active service, and transferred to the USAR (Retired Reserve).  He had completed 9 months and 7 days of net active service this period; 11 years, 
11 months, and 5 days of total prior active service; and 12 years, 8 months, and 22 days of total prior inactive service.

6.  Headquarters, U.S. Army Human Resources Command, Fort Knox, KY, Orders C03-492034, dated 18 March 2014, placed the applicant on the retired list, in the grade of CW4, effective 28 July 2013.

7.  In support of his application he provides a copy of his DD Form 1351-2, dated 4 August 2011, with supporting documents.  The DD Form 1351-2 shows the applicant claimed reimbursement for commercial air travel from Soto Cano Air Base, Honduras to Fort Benning, GA, on 4 June 2011, with follow-on travel (with lodging expenses) to Fairbanks, AK, beginning 10 June 2011 and ending 2 July 2011.  The supporting documents, in pertinent part, show his airfare (on 4 June 2011) had total charges of $1,243.33 and included business class from Tegucigalpa, Honduras to Atlanta, GA, and economy class from Atlanta, GA to Columbus, GA.

8.  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 administrative relief by granting reimbursement of the applicant's airline travel (economy class, not the business class used from Tegucigalpa, Honduras to Atlanta, GA) to Fort Benning, GA, not to exceed the Government's constructed cost to provide economy class travel from Honduras to Fort Benning, GA.

	 	(1)  His review of available records failed to show any medical documentation or command correspondence to indicate the applicant experienced a stroke in Honduras or that he was directed by his command to purchase his own airline ticket to return to the continental United States (CONUS).

    	(2)  He notes that the applicant's separation orders indicate that his REFRAD was not due to physical disability.

   b.  The advisory official adds the applicant would have been eligible for Government-funded economy class airline travel to return to CONUS at the end of the period of his mobilization/deployment.

9.  The applicant was provided a copy of the advisory opinion in order to allow him the opportunity to submit comments or a rebuttal.  To date, the applicant has failed to provide a response.

10.  Department of Defense Financial Management Regulation, Volume 7A (Military Pay Policy and Procedures - Active Duty and Reserve Pay), Chapter 5 (Transportation Allowances), paragraph 0404 (Business/First Class (Premium) Accommodations), shows that travelers are not entitled to reimbursement for premium accommodations unless properly authorized and approved.  It is Department of Defense policy that travelers using commercial air carriers for official travel must use less-than-premium accommodations.  This does not preclude the traveler from accepting a complimentary seating upgrade offered by the carrier.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his records should be corrected to show authorization and reimbursement of travel pay for his Government travel from Tegucigalpa, Honduras to Fort Benning, GA.

2.  Records show the applicant deployed to Honduras on 20 October 2010 and that he redeployed on 4 June 2011.

3.  The evidence of record indicates the applicant redeployed to Fort Benning, GA, on 4 June 2011, without orders being issued.  However, on 8 June 2011, orders were issued that authorized Government travel/transportation from Fort Benning, GA to his HOR or Place EAD.  Thus, authorization for the applicant's follow-on travel from Fort Benning, GA, to his HOR or Place EAD is not at issue in this case.

4.  The evidence of record shows the applicant was eligible for Government-funded economy class airline travel to return to CONUS at the end of the period of his deployment.

5.  Therefore, in view of the foregoing, it would be appropriate to correct the applicant's records to show he is entitled to reimbursement for commercial airline travel from Tegucigalpa, Honduras to Fort Benning, GA, not to exceed the Government's constructed cost to provide economy class travel from Honduras to Fort Benning, GA.

BOARD VOTE:

____X____  __X______  __X__  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by issuing an appropriate order or travel document authorizing entitlement to reimbursement for commercial airline travel from Tegucigalpa, Honduras to Fort Benning, Georgia, not to exceed the Government's constructed cost to provide economy class travel from Tegucigalpa, Honduras to Fort Benning, Georgia.

2.  As a result of the above correction, the Defense Finance and Accounting Service shall be notified of the Board's determination and remit payment of any 








travel pay that may be due the applicant based on his entitlement to reimbursement for commercial airline travel from Tegucigalpa, Honduras to Fort Benning, Georgia.



      _______ _  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)                                         AR20140015300



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ABCMR Record of Proceedings (cont)                                         AR20140005952



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