DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

LCC
Docket No. 3103-07
24 Sep 08

From: Chairman, Board for Correction of Naval Records

To: Secretary of the Navy

 

 

Subj: REVIEW OF NAVAL RECORD ICO _

    

 

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

 

Enel: (1) DD Form 149 w/attachments
(2) cmc 1050 MPO memo of 8 Aug 08

1. Pursuant to the provisions of reference (a), Subject,
hereinafter referred to as Petitioner, filed written
application, enclosure (1), with this Board requesting, in
effect, that the applicable naval record be corrected to show
Petitioner is entitled to Family Separation Allowance (FSA) and
per diem for the period 30 January 2005 through 17 January 2007.
She is also requesting payment of In and Around expenses, and
Cleaning/laundry expenses up to $2.00 per day.

2. The Board, consisting of Messrs. George, Pfeiffer, and
Zsalman reviewed Petitioner’s allegations of error and injustice
on 22 September 2008 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.

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

a. Prior to filing enclosure (1) with this Board,
Petitioner exhausted all administrative remedies afforded under
existing law and regulations within the Department of the Navy.
Docket No. 3103-07

b. Petitioner was issued mobilization orders for the period
10 January 2005 to 1 October 2005, 265 days, which were modified

on 13 January 2005 to direct the Petitioner to report
18 January 2005 to the CO, MOB PROC Center, 3035 Barnett Ave,
Quantico, VA 22134 and no later than 30 January 2005 for duty

with HQMC OLA, U/RUC: 59252, MCC: 012.

c. The TDY orders were modified on six subsequent occasions
to extend the TDY for a total of 730 days to 17 January 2007 and
to include appropriate FY funding citations.

d. None of the orders authorized payment of per diem
because the original orders listed her address as Sip
en vice ((@7ittaa tiie,

a. nich is where she lived. The erroneous

address in a.m. was considered to be within commuting
distance and payment of per diem was not authorized.

 
  

e. Petitioner occupied lodging in a motel for 9 nights in
Fredericksburg, VA area after reporting on 31 January 2005 and
prior to 20 February 2005 but she did not have the receipts for
the motel and she could not remember the nights she occupied the
motel. She tried to get a copy of the receipts from the motel
but was unable to do so because they do not keep a copy of
receipts that far back.

f. On 20 February 2005 the Petitioner signed a “lease” with
her grandmother paying her grandmother $500.00 per month in
rent. Per diem cannot be paid when individuals are residing
with relatives even if they are paying rent. The Comptroller
General has ruled on several occasions that per diem can not be
paid under such circumstances.

g. Petitioner is requesting reimbursement of “in and around
expenses” in lieu of reimbursing temporary lodging expense that
is not authorized by the Joint Federal Travel Regulations
(JFTR). Under temporary duty orders, members are authorized
only one round-trip at government expense, incident to the TDY
orders, from their home to their duty location at the beginning
of their orders and from their duty location to return to their
home at the end of the orders.

h. Petitioner is requesting reimbursement of laundry/dry
cleaning expenses in the amount of $1,460.00 for the 730-day
period. Up to an average of $2.00 per day is authorized without
receipts. The reimbursable laundry expense is tied to the
Docket No. 3103-07

actual performance of duties. The Petitioner did not work every
day of 730-day period of orders (i.e., it’s reasonable she
returned home on weekends and at various times took leave). An
amount of $454.00 is reasonable and justifiable.

i. In correspondence attached as enclosure (2), the office
having cognizance over the subject matter addressed in
Petitioner’s application has recommended partial relief,
commenting that, in their opinion, only partial relief is
recommended.

CONCLUSION:

Upon review and consideration of all the evidence of record, and
especially in light of the contents of enclosure (2), the Board
finds the existence of an injustice warranting the following
corrective action.

 

 

RECOMMENDATION :

 

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

a. The Presidential recall orders dated 5 January 2005
Ico of Petitioner were modified to show her residence is
. " and the orders
were further modified to “authorize per diem” in accordance with
the Joint Federal Travel Regulations (JFTR) and “deleted the
statement that the Petitioner would commute daily”

 

b. Petitioner’s recall orders were modified on five
succeeding occasions, 13 January 2005, 15 June 2005, 19 October
2005, 10 May 2006, 13 September 2006, and 12 October 2006,
respectively, and the succeeding recall orders were modified to
show her residence ie seed

UMMM and the orders were further modified to authorize per
diem in accordance with the Joint Federal Travel Regulations

(JFTR) and delete the statement that the Petitioner would
commute daily.

c. Petitioner was “authorized payment of $38,994.00",
Meals and Incidental Expenses (M&IE) for the period 31 January
2005 through 16 January 2007.

 

d. No per diem for lodging was authorized because she
could not produce any receipts for the period 31 January 2005
Docket No. 3103-07

through 19 February 2005. She signed a lease with her
grandmother effective 20 February 2005 but in accordance with
the JFTR, per diem cannot be paid when residing with family or
friends.

e. Petitioner was “authorized payment of $5,974.99",
Family Separation Allowance for the period 31 January 2005
through 16 January 2007.

f. Petitioner was “authorized payment of $454.00”,
laundry/dry cleaning expenses for the period 31 January 2005
through 16 January 2007.

g. That so much of her request as exceeds the foregoing be
denied.

h. A copy of this Report of Proceedings will be filed in
Petitioner’s naval record.

4. It is certified that a 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 LA J. HE
Recorder Acting Recorder.

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

(Band

24 September 2008 DEAN PFE
Rwecut ive D