11/04/1996

1. Member who was denied per diem while on disciplinary travel submits new evidence on appeal that states he was assigned duties while at the TDY site. New evidence does not overcome the Joint Federal Travel Regulation (JFTR) denial of per diem for members on disciplinary travel. The member's travel order contemplated the member's attendance at his disciplinary action, not full-time work. 2. Method of calculation for oil and gas reimbursement under JFTR, Volume I, U7450 suggested by member, standard flat rate per mile, is not appropriate where receipts are unavailable. If the member presents evidence of oil and gas expenses actually expended for travel by privately owned vehicle to his disciplinary proceedings, it would be reasonable for the Air Force to consider the claim.

09/19/1996

A former member of the Navy applied for reserve retired pay pursuant to 10 U.S.C. 12731 (formerly 10 U.S.C. 1331), and was informed that he did not have sufficient qualifying years of service in the reserves. The member applied to the Board for Correction of Naval Records to have his record changed so that he would be eligible for retired pay. Despite a majority recommendation in favor of his petition, the Secretary of the Navy approved the minority recommendation which concluded that there was no injustice warranting corrective action, and the member's records were not changed. This office has no jurisdiction to review the actions of the Board for Correction of Naval Records or the actions of the Secretary of the Navy pursuant to 10 U.S.C. 1552.

09/17/1996

A widow was given erroneous information regarding her eligibility for a Reserve Component Survivor Benefit Plan (SBP) Annuity at the time of the member's death. Based on the information that she was ineligible for an annuity until she reached age 60, the widow did not file a claim for SBP Annuity until almost eight years after the member's death. In view of the bar against similar SBP claims by the United States Court of Appeals and the General Accounting Office, we find no legal basis upon which this claim may be paid, thus it is barred under 31 U.S.C. 3702 (b).