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FRA AL RECORDS

 

By SUITE O04

ARLINGTON, VA 22204-2490

 

DIC
Docket No. NR8279-13
22 Jul 14

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

Subj: REVIEW OF NAVAL RECORD ICO

ee ena RY RY

Ref: (a) Title 10 U.S.C. 1552
Enel: (1) DD Form 149 w/attachments

(2) HOMC memo 7200 RFF-11 dtd 10 Feb 14

(3) KAYAK's travel itinerary

(4) Travel voucher or subvoucher DD Form 1351-2
(5) Defense Travel System, Accounting detail

(6) co (13'" MEU) ltr dated 10 Oct 13

(7) cG (1 MEF) ltr dated 4 Nov pe

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 reimbursement of commercial airfare ticket.

2. The Board, consisting of Mr. Zsalman, Mr. Exnicios, 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. The 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.

b. In 2013, Petitioner received official authorization to
Temporary Duty (TDY) Travel to Luzon Province, Republic of the
Philippines to attend the PHIBLEX 14 final planning conference. See
enclosure (6).

c. In 2013, Petitioner purchased airline tickets (round trip) to
Luzon Island Clark Field, Philippines via Vayama.com on KAYAK. See
enclosure (3).
d. Petitioner departed Oceanside, CA for TDY on 22 July 2013 and
arrived to Los Angeles International Airport, CA on 22 July 2013. See
enclosure (4).

e. Petitioner departed Los Angeles International Airport, CA on
22 July 2013, and arrivea to incneon Interualivuel Alspostl, Sevul,
South Korea on 23 July 2013. See enclosure (3).

f. Petitioner departed Incheon International Airport, Seoul,
South Korea on 23 July 2013, and arrived to Luzon Island Clark Field,
Philippines on 23 duly 2013. See enclosure (3).

g. Petitioner departed Luzon Island Clark Field, Philippines on
27 duly 2013, and arrived to Incheon International Airport, Seoul,
South Korea on 27 July 2013. See enclosure (3).

h. Petitioner departed Incheon International Airport, Seoul,
South Korea on 27 July 2013, and arrived to Los Angeles International
Airport, CA on 27 July 2013. see enclosure (3).

i. Petitioner departed Los Angeles International Airport, CA on
27 July 2013, and arrived to Oceanside, CA from TDY on 27 July 2013.
See enclosure (4).

j. Petitioner submitted his travel claim on 14 August 2013, and
was approved by disbursing on 4 September 2013. See enclosure (5).

k. Petitioner received travel settlement payment on 5 September
2013. No reimbursement for commercial airfare ticket was made by the
Government. See enclosure (5).

1. 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
record 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 claim
when he was not reimbursed for his non-U.S. certified air carrier
ticket. 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 tole: te
purchase the ticket by his command, there was a U.S. certified air
carrier ticket available for the first leg of travel. Furthermore, to
guarantee a seat to the final destination is not a basis to authorize

the purchase of non-U.5. certified air carrier ticket.
CONCLUSION

Upon review and consideration of all the evidence of record, and
notwithstanding the opinion expressed in enclosure (2), the Board
finds the existence of an injustice warranting corrective action. The
Board relied heavily on both the Commanding Otticer (13°° MEW), and
Commanding General (I MEF)'s favorable recommendations. See
enclosures (6) and (7). The Marines could have waited until they
arrived in Korea to purchase their tickets for the final flight leg to
their destination; however, they would not have been guaranteed seats
to their final destination and might have missed the planning
conference. Because of this, the command directed them to cancel the
tickets which they had already procured via the CTO in order to assure
their arrival for the planning conference. Admittedly, the unit
failed to follow correct protocols in accordance with the regulations;
however, it is a case of misinformed Marines attempting to accomplish
the mission.

RECOMMENDATION:

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

a. When Petitioner received TpyY/TAD orders to Luzon Province,
Republic of the Philippines, a Commercial Transportation Office (CTO)
from which to purchase a commercial airfare ticket (round trip) from
Los Angeles International Airport, CA to Luzon Island Clark Field, PH
was not available. As a result of this change, Petitioner is
authorized reimbursement for transportation (ticket price) on a non-U.
S. certified air carrier not to exceed the Petitioner's cost
($1,539.92).

b. Furthermore, Petitioner is entitled to a late payment fee for
interest charged to the traveler's credit card based upon the balance
of $1,539.92. 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 14 August 2013) and ending on the date
that the payment is disbursed by the government.

c. 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 BARB. A. N K
Recorder Acting Recorder
Si The foregoing action of the Board is submitted for your review

and action.
| ent
. nea eae

ROBERT D. ZSALMAN
Acting Executive Director

Reviewed and spororeaf
fo bid. 3

ROBERT L. WOODS
Assistant General Counsel
(Manpower and Reserve Affairs)

4000 Navy Pentagon, Rm 4D548
Washington, DC 20350-1000

 

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