DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

WJH
Docket No. 2355-10
21 June 2010

From: Chairman, Board for Correction of Naval Records

To: Secretary of the Navy

Subj: REVIEW - ii RECORD ICO
Ref: (a) Title 10 U.S.C. 1552

Encl: (1) DD Form 149 w/attachments

(2) CNO memo 7220 Ser N130C1/10U00199 of 16 Mar 2010
(3) Excerpts from Subject’s naval record and papers
related to this application

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 allow reimbursement of travel expenses
while in Jacksonville Florida under orders to support earthquake
relief efforts in Haiti (Operation Unified Response) .

2. The Board, consisting of Messrs. Pfeiffer, Zsaiman and
George, reviewed Petitioner’s allegations of error and injustice
on 4 June 2010 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. At all times relevant to this application, Petitioner
was a member of VP-26, a Navy maritime aviation Patrol Squadron
with a worldwide theater of operations.

b. Pursuant to decisions made by the Base Realignment and
Closure Commission, VP-26 was directed to change homeports from
Brunswick, ME to Jacksonville, FL effective 30 November 2009.
Docket No. 2355-10

c. At about the same time that the homeport change was to
be effective, VP-26 was scheduled to commence an extended
deployment. Accordingly, Petitioner elected to maintain a
household in Brunswick until after the squadron returned from
the deployment.

d. In December 2009, Petitioner deployed with VP-26 to El
Salvador.

e. On 12 January 2010, while VP 26 was deployed to El
Salvador, a catastrophic magnitude 7.0 earthquake struck Haiti
with an epicenter near the capital of Port-au-Prince. The
Haitian Government reported that an estimated 230,000 people
died, 300,000 were injured and 1,000,000 became homeless.

f. VP-26 was ordered to immediately provide aerial
reconnaissance over Haiti, to recover at Jacksonville and to
continue earthquake relief efforts, from Jacksonville, for the
next few weeks as part of Operation Unified Response.

g. Petitioner incurred travel expenses while in
Jacksonville between 20 Jan 2010 - 16 Feb 2010 while supporting
Operation Unified Response.

h. Because the home-port change from Brunswick to
Jacksonville was already effective, Jacksonville was
Petitioner's official permanent duty station (even though
Petitioner had no yet moved to Jacksonville).

i. Except in circumstances that are not applicable here,
the Joint Federal Travel regulations prohibit the reimbursement
of travel expenses for travel and lodging within the boundaries
of a member’s permanent duty station.

j. Once the mission to support Operation Unified Response
was complete, Petitioner returned to VP-26 (deployed) and
presented a claim for the travel expenses incurred in
Jacksonville. However, Petitioner was advised that, because the
Joint Federal Travel regulations prohibit reimbursement of
travel expenses for travel and lodging within the boundaries of
a member's permanent duty station, the claim would not be
allowed.

k. Thereafter, Petitioner submitted the instant
application to this Board. Petitioner seeks to have the naval
record corrected to allow reimbursement of the travel expenses
incurred while in Jacksonville under orders to support Operation
Docket No. 2355-10

Unified Response. In enclosure (1), Petitioner explains the
steps taken to minimize travel costs to the government and steps
taken to avoid excessive costs while in Jacksonville.

1. In correspondence attached as enclosure (2), the Chief
of Naval Operations, Code N130, has recommended the request be
denied. CNO N130 explains that when Operation Unified Response
commenced, the commanding officer of VP 26 was advised that per
diem expenses could not be authorized, but he “disregarded” that
advice. Per CNO N130C1: “Although advisories were provided on
several occasions in this matter, the commanding officer VP-26
advised (Petitioner) to obtain commercial lodging. The
commanding officer has stated that he was concerned that the
aircrew would not meet safety rest requirements.” In N130Ci’s
view, it was error for the commanding officer to advise
Petitioner to obtain commercial lodging. Because of the well
established principle that the government is not bound by the
erroneous advice of its agents, Petitioner’s travel expenses
should not be allowed. To do otherwise would ignore well
established precedent.

CONCLUSION:

Upon review and consideration of all the evidence of
record, the Board concludes that Petitioner's request warrants
favorable action. The Board carefully weighed the observations
made in enclosure (2) regarding warnings that were given to the
commanding officer of VP-26. However, the Board found that the
following factors militated in favor of relief: The earthquake
support operation was not foreseen, was emergency in nature, and
happened very quickly. Petitioner, for good cause, had not yet
established a household in Jacksonville and thus had no
available accommodations or transportation. Petitioner had
little choice but to support the operation/mission as ordered.
Petitioner showed some effort to minimize the costs to the
government. Based on these factors, the Board concluded that
Petitioner’s request warrants favorable action.

RECOMMENDATION :

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

a. For purposes of determining travel, lodging and
transportation entitlements only, during the period 20 Jan 2010
- 16 Feb 2010 Petitioner’s permanent duty station was Brunswick
ME (vice Jacksonville FL).
Docket No. 2355-10

Note: The above change is intended to allow standard
reimbursement of travel, lodging and transportation using the
normal and accepted method of calculation for Petitioner's duty
in Jacksonville FL in support of Operation Unified Response.

Petitioner should have the nearest facility that can compute
travel vouchers perform such computation for this action.
Petitioner will present to the agency computing the
reimbursement due a copy of the travel voucher, ail supporting
documentation and a copy of this action. The Agency making the
computation will not make the actual payment. Once the
computation is completed, Petitioner will forward same, with all
supporting documents, including this letter, to the DFAS-IN,
8899 Hast 56" street, Department 3300 (ATTN COR/CLAIMS),
Tndianapolis, IN 46249-3300 for payment of any funds Petitioner
may be entitled to.

4. 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 WILLIAM J. HESS, III
Recorder Acting Recorder

5. The foregoing action of the Board is submitted for your

review and action.

W. DEAN PFESFF
Executive Dive xr

 

ih
ROBERT t. WOODS

Assistant General Counsel

(Manpower and Reserve Affairs)

1000 Navy Pentagon, Am 4D548 4
Washington, DC 20350-1000