OF THE NAVY
€

TION OF NAVAL RECORIIS

704 & COURTHOUSE ROAD, SUITE 40%
ARLINGTON, VA 22204-2490

 

DIC |
Docket No. WRE277-13
22 Jul 14

From: Chairman, Board for Correction of Naval Records
TO: Secretary of the Navy

yj

   

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

Enci: (1) DD Form 149 w/attachments

(2) HOMC memo 7200 RFF-11 dtd 10 Feb 14
) KAYAK's travel itinerary 18 May 13 to 26 May 13

(4) Travel voucher DD Form 1351-2 1FROPQ

(5) DTS, Accounting detail DN. KPOTHERPHLO51813_V01

(6) KAYAK's travel itinerary 8 Jul 13 to 15 Jul 13

(7) Travel voucher DD Form 1351-2 1GL6dV

(8) DTS, Accounting detail DN. KPOTHERPHLO70913_V01-01

(9} KAYAK’s travel itinerary 22 Jul 13 to 27 Jul 13

(10) Travel voucher DD Form 1351-2 LGNQEO

(11) DTS, Becounting detail DN. KPOTHERPHLO72213_V01

(12) cO (13"® MEU) itr dated 10 Oct 13

(13) CG (I MEF) ltr dated 4 Nov 13

(14) Lee ee eemenenmenensensnincnsnind

(15) : es meer:

   

i. 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 reimbursement of commercial airfare ticket.

2, The Board, consisting of Mr. Zgalman, Mr. EFxnicios, and

Mr. Ruskin, reviewed Petitioner’s allegations of error and injustice
on 21 July 2014 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. he Board, having reviewed all the facts of record pertaining to
Petitioner’s allegations of error and injustice, finds as follows:

a. Before applying to this Board, Petitioner exhausted all
administrative remedies available under existing law and regulations
within the Department of the Navy.
Docket No. NR8277-12

b. In 2013, Petitioner received official authorization for

Temporary Duty (TDY) Travel to
, to attend the PHIBLEX 14 initial, mid-range, and final

planning conference. See enclosure (12) and {14}.

In 2013, Petitioner purchase? airline tickets (round crip

— See

cf
QO

enclosure (3), (6), and (9).

d. Petitioner departed Camp

and arrived tom
See enclosure (4).

ean cA for TDY on 18 may 2013

     
 

e, Petitioner departe

es Me and arrived __—
ee See enclosure (3).

    

£. Petitioner departed

ee on and arrived to
a: ox. | See enclosure (3).

ele Petitioner pert A ae
and arrived to a

en ee See enclosure (15)
— — port

and arrived to

a , aa. See enclosure (15).

L. petitioner dep2rted a
EE. as arrived to ne TDY on Aaa

MM See enclosure (4).

4. Petitioner submitted his travel claim on Sa and was
approved by disbursing or: Jee See enclosure (5).

 

k. Petitioner received travel settlement payment on 20 August
2013. No reimbursement for commercial airfare ticket was made by the

Government. seé enclosure (5).

1. Petitioner departed Camp Pendleton, CA for TDY on & July 2013
and arrived to Los Angeles International Airport, CA on @ July 2013.

See enclosure (7).

   

m. Petitioner departed

gummmmmmmm., and arrived to ee
meee on MRE. «See enciosure (6).
Docket No. NR8&277-13

n. Petitioner ee
SE: 3x. gpememeGB., and arrived to Tn
ee: : See enclosure (6). :

5. petitioner departed fz. acaaneae: °°
wu 200 arrived co A A

, on MA, Gee enclosure (6).

p. Petitioner departed
mea and arrived (. ioe
i on Sei enclosure (6).

Petitioner departed me,

a. , _
ee: MMR, 2nd arrived to nae
se, See enclosure {6).

      

r. Petitioner departed

ee and arrived to Camp Pendieton, CA from TD

2013. See enclosure (7).

Y on 15 duly

el claim on 8 August 2013, and

s. Petitioner submitted his trav
See enclosure (8).

was approved by disbursing on 26 August 2013.

nt payment on 27 August

t. Petitioner received travel ‘settleme
e ticket was made by the

2013. No reimbursement for commercial airfar
Government. See enclosure (8).

u. Petitioner departed Camp Pendleton, CA for TDY on 22 July
901s ond arrived (Oa Se
ap see enclosure (10).

¢. petitioner depar¢ << gaggia aaa:

MEE, ec arrived to
ED © See enclosure (9).
w. Petitioner depart <6 SRA aca

and arrived to
See enclosure (9).

x, Petitioner ep art CAA ae on

arrived to eae
ee: GTR See enclosure (9).

y. Petitioner depart 6 SAA enna
nf and arrived _
on Qs See enclosure (9).

ernational Airport, CA on
CA from TDY on 27 July

 

     

z. Petitioner departed Los Angeles int
27 July 2013, and arrived to Camp Pendieton,
2013. See enclosure (10).
Docket Ne. NR@277-13

aa. Petitioner submitted his travel claim on 8 August 2013, and
was approved by disbursing on 26 August 2013. See enclosure (11).

bb. Petitioner received travel settlement payment on 27 Bugust
2013. No reimbursement for commercial airfare ticket was made by the
Government. See enclosure (LL).

cc. Per enclosure (2), the Headquarters United States Marine
Corps provided an advisory opinion concluding that the evidence
proffered by, Petitioner is insufficient to support the requested
recora change. The advisory opinion points out the following evidence
to support its position: in accordance with the Joint Federal Travel
Regulations ({JFTR), Petitioner was paid correctly on his travel claims
when he was not reimbursed for his non-U.S. certified air carrier
tickets. The JFTR clearly states that reimbursement of a non-U.S.:
certified air carrier is not authorized when U.S. certified air
carrier tickets are available. Even though Petitioner was: told to
purchase the tickets by his command, there Was a U.S. certified air
carrier ticket available for travel. Furthermore, to guarantee a seat
to the final destination is not a basis to authorize the purchase of
non-U.S. certified air carrier ticket.

CONCLUSION

Upon review and consideration of ali the evidence of record, and
notwithstanding the opinion expressed in enciosure (2), the Board
finds the existence of an injustice warranting corrective action. The
Board relied neavily on both the Commanding Officer (13th MEW), and
Commanding General (J MEF) 's favorable recommendations. See
enclosures (12) and (13). In planning the trips to the Republic of
the Philippines, an action officer from the Marine Expeditionary Unit
(MEU) Operations Section improperly directed the use of SMMAto
purchase airline tickets. The Petitioner was directed and authorized
by higher headquarters to purchase tickets via commercial means and
not use the Commercial Travel Office (cTO) due to an inability to
obtain a ticket out of GaSe i oner was part of
the initial, mid-range, and final planning conference. Furthermore,
during the final planning conference, the Petitioner could have waited
until he arrived in @g@—Ato purchase his ticket for the final flight
leg to his destination; however, he would not have been guaranteed a
seat to the final destination and might have missed the planning
conference. Because of this, the command directed him to cancel the
ticket which he had already procured via the cTO jn order to assure
arrival for the planning conference. Admittedly, the unit failed to
Follow correct protocols in accordance with the regulations; however,
it is a case of a misinformed Marine attempting to accomplish the
mission.
Docket No. NR&277-13

RECOMMENDATION :

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

. ; ee TST.
a. When Petitioner received JUr/sAu OLde.S LO j-anenme

WM. of othe (Travel order/authorization numbers
, a Commercial Transportation Office (crTO} from

which to purchase a commercial airfare ticket (round trip) from Los
angeles International Airport, CA to SES >=
not available. As a result of this change, Petitioner is authorized
reimbursement for transportation (ticket price) on a non-U. 8.
certified air carrier not to exceed the Petitioner's cost ($5,422.25).

b. Furthermore, Petitioner is entitled to a late payment fee for
interest charged to the traveler's credit card based upon the balance
of $1,073.06. Note: this fee is payable, using the Prompt Payment Act
interest rate, beginning on the 31st day after the submission of a
proper travel claim (which was 7 June 2013) and ending on the date
that the payment is disbursed by the government.

ce. Furthermore, Petitioner 4g entitled to a late payment fee £or
interest charged to the traveler's credit card based upon the balance
of $2,631.91. Note: this fee is payable, using the Prompt Payment Act
interest rate, beginning on the 3ist day after the submission of a
proper travel Claim (which was 8 August 2013) and ending on the date
chat the payment is disbursed by the government.

dad. Furthermore, Petitioner is entitled to a late payment fee for
interest charged to the traveler's credit card based upon the balance
of $1,717.28. Note: this fee is payable, using the Prompt Payment Act
interest rate, beginning on the 31st day after the submission of a
proper travel claim {which was 8 August 2013) and ending on the date
that the payment is disbursed by the government.

e. A copy of this Report of Proceedings will 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 BARBARA A. NAHULAK
Recorder Acting Recorder
Docket No. NR8277-213

jon of the Board is submitted for your review

Raya SS Tat

ree”

ZS Aub

5. The foregoing act
and action.

RUBBKT D.
acting Executive Director

Reviewed and soproved. PO)

[rd %

ROBERT L. WOODS
Assistant General Counsel
(Manpower and Reserve Affairs)
1000 Navy Pentagon, Am 4D548
Washington, DC 20350-1000