DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

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2 NAVY ANNE

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WASHINGTON DC 20370-510

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Ic

LCC: 
Docket No: 3 126-01
19 September 2001

From: Chairman, Board for Correction of Naval Records
To :

Secretary of the Navy

Ref:

(a) Title 10 U.S.C. 1552

Encl:

(1) DD Form 149 w/attachments
(2) CMC ltr 7200 MM 17 Apr 01
(3) Subject ’s naval record

1.
Pursuant to the provisions of reference (a), Subject hereinafter referred to as Petitioner,
filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be
corrected to show Petitioner is entitled to per diem and Temporary Additional Duty (TAD)
benefits for a period of TAD in excess of 180 days.

2. The Board, consisting of Messrs.
allegations of error and injustice on 30 May 2001 and, pursuant to its regulations, determined
that the corrective action indicated below should be taken on the available evidence of
record. Documentary material considered by the Board consisted of the enclosures, naval
records, and applicable statutes, regulations and policies.

Mazza, Morgan, and Shy, reviewed Petitioner ’s

 

3. The Board, having reviewed all the facts of record pertaining to Petitioner
of error and injustice, finds as follows:

’s allegations

a. Before applying to this Board, Petitioner exhausted all administrative remedies

available under existing law and regulations within the Department of the Navy.

b.

In correspondence attached as enclosure  

(2), the office having cognizance over the

subject matter addressed in Petitioner ’s application has commented to the effect that the
request has merit and warrants favorable action.

CONCLUSION

Upon review and consideration of all the evidence of record, and especially in light of the
contents of enclosure  
following corrective action.

(2), the Board finds the existence of an injustice warranting the

RECOMMENDATION:

That Petitioner’s naval record be corrected, where appropriate, to show that:

Docket No: 3 126-01

a. On 8 July 2000 the appropriate authorities revoked Division Order Number 0529-00,

dated 28 March 2000 which reassigned Petitioner from Okinawa, Japan to 4th Marine
Division, Twin Cities, MN and also revoked the first endorsement dated 7 July 
orders.

‘2000 to those

b. On 27 March 2001 immediately after CMC message 2713392 Mar 01 was issued

the message was revoked, in that, the message was issued in error.

C. On 27 March 2001 immediately after CMC message 2714252 Mar 01 was issued

the message was revoked, in that, the message was issued in error.

d. The special orders dated 24 April 2001 issued by the 4th Marine Division, Twin

Cities, MN which reassigned Petitioner to Okinawa, Japan were revoked immediately after
being issued since they were issued in error when in fact Petitioner was TAD to the 4th
Marine Division from Okinawa, Japan.

e. On 6 June 2000, Petitioner ’s unit of assignment submitted a request to the

appropriate authorities for TAD in excess of 180 days in accordance with JFTR, Volume
paragraph U2146.B to attend a course of instruction at the 4th Marine Division, Twin Cities,
MN. Justification for the TAD in excess of 180 days was that the Petitioner
’s family was
presently in government housing in Okinawa, Japan and the Petitioner would be returning to
the unit for duty on completion of the course of instruction.
authorities approved the request for TAD in excess of 180 days.

On 13 July 2000 the appropriate

1,

 

f’. On 18 July 2000, Petitioner ’s Unit of assignment issued orders directing Petitioner

to proceed on TAD for a period of 277 days, including 4 days travel time (2 going and
2 returning) to the 4th Marine Division, Twin Cities, MN for training with the Redwing
Technical College Instrument Repair Technician Course.
Marine Division, Twin Cities, MN reporting 11 August 2000. Upon completion of training
Petitioner was directed to return to Okinawa, Japan.
reporting to 4th Maine Division and 2 days travel for his return trip to Okinawa, Japan.

Petitioner was authorized 2 days travel

Petitioner was sent TAD to the 4th

g* Petitioner’s family remained in government quarters in Okinawa and Petitioner was
authorized continued payment of all overseas allowances since dependents continued to reside
in government housing in Okinawa, Japan.

h.

Petitioner was authorized payment of Family Separation Allowance (FSA), Type II,

Subcategory FSA-Temporary for the period 11 August 2000 through 11 May 2001.
Petitioner authorized payment of FSA-T, Type II, during period of TAD.

i.

Per diem for lodging will be based on $200.00 per month which was the Petitioner
cost for lodging. Government dining facilities were not available for the Petitioner to use
during the period of this TAD  

.

’s

Docket No: 3 126-01

.L All dates of departures, arrivals, and any dates of leave reflected on Petitioner

account which is pertinent to his travel from and to Okinawa, Japan in conjunction with his
TAD to the 4th Marine Division, Twin Cities, MN will remain as they are
exception.
adjusted to show he did not use the proceed time.
of proceed time. The pay account will be adjusted to show he remained on duty vice using
any proceed time.

In the event Petitioner was given credit for any proceed time the date would be

Petitioner will not be charged leave in lieu

’s pay

 

refle&d.with one

Petitioner may have already received some

(FOR DFAS: Please verify payments received.
if not all of the per diem for this travel and payment of overseas Cost of Living Allowances
and any other overseas allowance Petitioner may be entitled to receive because his
dependents remained in the overseas area during period of TAD.
not received all of the per diem and other payments he should have received please complete
payment of the per diem, overseas allowances, FSA, and any other monies he should receive
because of this action.

In the event Petitioner has

Petitioner should go to the closest facility which can compute travel

FOR PETITIONER:
vouchers and ask them to compute all monies due for this action including Overseas
Allowances. Petitioner must present to the Agency computing the money Petitioner is
entitled to receive a copy of all previously paid vouchers pertaining to the TAD to 4th
Marine Division, Twin Cities, MN and a copy of this letter.
Petitioner will then forward the
computation will not make the actual payment.
computation of monies due, a copy of this letter and all other previously paid vouchers
pertaining to any type of payment for the travel and duty to the 4th Marine Division, Twin
Cities, MN to DFAS Denver-POCC, 6760 E. Irvington Place, Denver, CO 80279-7100.
Please insure that each copy of a previously paid voucher which is forwarded to DFAS is
legible.

  The Agency making the

k. That a copy of this Report of Proceedings be filed in Petitioner

’s naval record.

4.
Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval
Records (32 Code of Federal Regulations, Section 723.6(c)) it is certified that quorum was
present at the Board ’s review and deliberations, and that the foregoing is a true and complete
record of the Board ’s proceedings in the above entitled matter.

ROBERT D. ZSALMAN
Recorder

Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures

5.
of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section
723.6(e)) and having assured compliance with its provisions, it is hereby announced that the
foregoing corrective action, taken under the authority of reference (a), has been approved by
the Board on behalf of the Secretary of the Navy.

Docket No: 3126-01

19 September 200 1