DEPARTMENT OF HOMELAND SECURITY
BOARD FOR CORRECTION OF MILITARY RECORDS
Application for the Correction of
the Coast Guard Record of:
BCMR Docket No. 2007-198
xxxxxxxxxxxxxxxxxxxxxx
xxxxxxxxxxxxxxxxxxxxx
FINAL DECISION
This is a proceeding under the provisions of section 1552 of title 10 and section 425 of
title 14 of the United States Code. The Chair docketed the case on August 24, 2007, upon receipt
of the applicant’s completed application, and assigned it to staff member J. Andrews to pre-
pare the decision for the Board as required by 33 C.F.R. § 52.61(c).
appointed members who were designated to serve as the Board in this case.
This final decision, dated May 29, 2008, is approved and signed by the three duly
APPLICANT’S REQUEST AND ALLEGATIONS
The applicant asked the Board to correct his transfer orders “to authorize actual delay for
a total of three travel days,” instead of just one day. He further asked that following this
correction, he be paid for lodging, taxi costs, and per diem in accordance with regulations.
The applicant stated that in January 2000 he was serving on a cutter that was away from
its homeport when he received last-minute permanent transfer (PCS) orders to Base Charleston,
South Carolina. The orders authorized just one day of travel time because the cutter’s homeport
was Charleston. However, the orders required him to report to Base Charleston by January 14,
2000, and the cutter was then in Getmo, Cuba. Therefore, the ship’s yeoman arranged for him to
stay ashore at Getmo after the cutter departed on January 10, 2000, and wait for a commercial
airplane flight back to Charleston on January 12, 2000. However, neither the yeoman of the
cutter nor the yeoman of his new unit corrected his orders to allow for the wait in Getmo.
In support of his allegations, the applicant submitted section U5160H of the Joint Federal
Travel Regulations (JFTR), which states that “[a]dditional travel time may be authorized/
approved by the member’s new command when travel is delayed beyond that authorized in
subpars. B-F for reasons beyond member’s control (such as acts of God, restrictions by Govern-
ment authorities, difficulties in obtaining fuel for POCs, or other satisfactory reasons).” The
applicant also submitted copies of his travel orders, showing that he was authorized only one day
of travel time, and travel vouchers showing that he moved from the cutter to government housing
at Naval Station Guantanamo Bay, Cuba, on January 10, 2000, and that on January 12, 2000, he
took a $20 taxi ride to the airport and caught commercial flights from Getmo to Charleston by
way of Jacksonville, Florida. His receipts show that he paid $7.00 per night for two nights at the
Naval Station. He also submitted a form showing that he received only one day of per diem for
his travel January 12, 2000.
VIEWS OF THE COAST GUARD
On January 8, 2008, the Judge Advocate General (JAG) of the Coast Guard recommend-
ed that the Board grant relief. The JAG stated that the documentation supports the applicant’s
allegation that he was delayed for two days at Guantanamo Bay, Cuba, in conjunction with the
execution of his PCS orders to Base Charleston, but that his orders were never amended to reflect
the delay. The JAG stated that there is no evidence in the record that the applicant timely
requested amendment of his PCS orders but that it would be in the interest of justice to amend
them and to recompute his travel voucher based upon two additional days of travel.
APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD
On January 14, 2008, the applicant responded to the JAG’s advisory opinion. He stated
that he “did advise the admin/unit yeoman that my travel time was outside of the authorized
orders. At the time I was merely a FA/E-2, with less than four months of military service, … and
not at all proficient with the JFTR and its policies.” Therefore, although he complained about the
orders, he did not know how to get reimbursed for his extra costs. However, the yeoman of his
new unit should have known to get his PCS orders amended so that he could be reimbursed.
FINDINGS AND CONCLUSIONS
The Board makes the following findings and conclusions on the basis of the applicant's
military record and submissions, the Coast Guard's submissions, and applicable law:
1.
The Board has jurisdiction concerning this matter pursuant to 10 U.S.C. § 1552.
The application was timely under Detweiler v. Pena, 38 F.3d 591, 598 (D.C. Cir. 1994) (holding
that section 205 of the Soldiers’ and Sailors’ Civil Relief Act of 1940 “tolls the BCMR’s limita-
tions period during a servicemember’s period of active duty”).
The applicant has proved by a preponderance of the evidence that in January
2000, he was erroneously authorized only one day of travel time from his cutter, which was then
underway in Guantanamo Bay, to his new unit in Charleston, South Carolina. The record shows
that he should have been authorized three days of travel time since he left the cutter on January
10, 2000, and his commercial flights to Charleston were not until January 12, 2000.
Accordingly, relief should be granted by amending block 8 on the applicant’s PCS
orders for reporting to CG Base Charleston at 2400 14 JAN 2000 to show that he was authorized
03 days of travel time. In addition, the Coast Guard should pay the applicant any amount he may
be owed for per diem or for reimbursement of lodging, food, and transportation expenses as a
result of this correction.
2.
3.
ORDER
The application of xxxxxxxxxxxxxxxxxxxxxxxxxxx, USCG, for correction of his
military record is granted as follows:
The Coast Guard shall correct block 8 on his PCS orders (form CG 5131) for reporting to
CG Base Charleston at 2400 14 JAN 2000 to show that he was authorized 03 days of travel time
(instead of 01 day). In addition, the Coast Guard shall pay him any amount he may be owed,
such as per diem or reimbursement of lodging, food, and transportation expenses, as a result of
this correction.
Donna M. Bivona
Richard Walter
Diane L. Donley
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