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2001 Military Personnel Redacted Decisions

 

      These 22 redacted Board decisions involve claims related to uniformed service members' pay, allowances, travel, transportation, retired pay, and survivor benefits. The uniformed service member may be a member of a Service within DoD, like the Army, or one outside of DoD like the Public Health Service. This group of decisions also includes waiver applications which result from the erroneous overpayment of these pay, allowances or other benefits to, or on behalf of, a service member.

Other years: 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014

Travel; reimbursement

09/10/2001

A member who purchased airline tickets for temporary duty official travel did not purchase the tickets from a travel agency under government contract or other approved facility. Reimbursement of the member is not proper because paragraph U3120 of volume 1 of the Joint Federal Travel Regulations (1 JFTR ¶ U3120) requires that the member purchase tickets from one of the facilities described in 1 JFTR ¶ U3120-A unless under 1 JFTR ¶U3120-B the order-issuing official authorized or later approved purchase from a non-authorized facility due to unusual circumstances when there was no alternative.


General; waiver of indebtedness

08/29/2001

An Army aviator received orders on October 5, 2000, that he was being removed from flight status, but due to administrative error, the member was paid aviation career incentive pay (ACIP) and aviation continuation bonus payments later in October and in November 2000. The member actively advised finance officials of the error they had made in making these payments to him, and the erroneous payments stopped after November 30, 2000. The government's administrative error, by itself, does not entitle the member to waiver.


General; waiver of indebtedness

08/07/2001

A member of the United States Army Reserve applied for disability compensation from the Department of Veterans Affairs (VA) in 1991. When he attained the age of sixty in 1999 and began receiving reserve retired pay, the retired pay should have been reduced by the amount of the VA compensation, but was not. Because the VA application form states that receipt of VA compensation constitutes a waiver of the same amount of retired pay, the member should have expected his retired pay to be reduced by the amount of the VA compensation. When the reduction was not made, he should have contacted the proper authorities to report the omission. Since he did not do so, he is partially at fault in the accrual of the debt, and waiver is not appropriate.


General; waiver of indebtedness

07/23/2001

A former member received an erroneous payment after separation. He questioned the payment and received assurances that it was correct. Unless he could articulate a reason why he thought he was entitled to the payment, he should not have relied on the assurances that the payment was correct. He did not acquire title to the money and should have held it until his entitlement to it was determined or until he was asked to return it. Under those circumstances, waiver under 10 U.S.C. § 2774 is not proper.


Pay; record correction - civilian pay offset

06/22/2001

An Air Force member was retroactively restored to active duty by the Air Force Board for the Correction of Military Records. While Air Force regulations generally provide for the offset of interim civilian earnings in such a situation, the member is entitled to his retroactive military pay and allowances without offset of civilian earnings. Deductions from military entitlements must be based on applicable statutes and regulations, and no regulations requiring offset were in place at the time the member's records were corrected. This decision was reversed by the Deputy General Counsel (Fiscal), Department of Defense, on August 7, 2002. 


General; waiver of indebtedness

06/08/2001

A former member continued to receive active duty pay after retirement. Waiver is not appropriate in the instant case because the former member received a copy of his DD-214, Certificate of Release or Discharge from Active Duty, on September 30, 1999, and he should have questioned his entitlement to active duty payments after that time.


Travel; reimbursement - JFTR U3120

05/15/2001

A member who purchased airline tickets for temporary duty official travel did not purchase the tickets from a travel agency under government contract or other approved facility. Reimbursement of the member is not proper because paragraph U3120 of volume 1 of the Joint Federal Travel Regulations (1 JFTR U3120) requires that the member purchase tickets from one of the facilities described in 1 JFTR U3120-A unless under 1 JFTR U3120-B the order-issuing official authorized or later approved purchase from a non-authorized facility due to unusual circumstances when there was no alternative.


Travel; reimbursement

05/07/2001

A member who purchased airline tickets for temporary duty official travel did not purchase the tickets from a travel agency under government contract or other approved facility. Reimbursement of the member is not proper because paragraph U3120 of volume 1 of the Joint Federal Travel Regulations (1 JFTR U3120) requires that the member purchase tickets from one of the facilities described in 1 JFTR U3120-A unless under 1 JFTR U3120-B the order-issuing official authorized or later approved purchase from a non-authorized facility due to unusual circumstances when there was no alternative.


Travel; reimbursement - JFTR U3120

05/02/2001

A member of the Air Force Reserve (USAFR) was ordered onto an annual tour. His orders placed him in a temporary duty status and required him to use government-procured transportation. As he arrived at the airport to depart on the tour, the member discovered that he had lost or misplaced his government-procured airline tickets. The member did not know that he had to contact the Commercial Travel Office (CTO) to obtain replacement tickets, and he assumed that the CTO would not be able to assist him on the day he traveled because it was on a Sunday. The member then procured his own tickets. Reimbursement of these personally-procured tickets is not proper because paragraph U3120-A of volume 1 of the Joint Federal Travel Regulations requires that a member purchase tickets from a specified facility, such as the CTO, unless an exception is authorized or approved by the order issuing official and direct purchase from the carrier was due to unusual circumstances when there is no alternative.


General; waiver of indebtedness - dual compensation

05/01/2001

The Congress repealed 5 U.S.C. 5532 effective October 1, 1999. A member cannot justify a waiver of collection of erroneous overpayment of retired pay under 10 U.S.C. 2774 due to administrative failure to make deductions required by 5 U.S.C. 5532 prior to that date merely because the Congress relieved retired members of the burdens of 5 U.S.C. 5532 effective on or after October 1, 1999.


Travel; reimbursement - JFTR U3120

04/30/2001

A member of the Air Force Reserve living in Florida was ordered to training in a temporary duty status. The member attempted to obtain tickets from a Commercial Travel Office (CTO) prior to obtaining orders, but without orders, the CTO did not obtain tickets. When the member obtained a copy of his orders, he obtained tickets from a non-CTO travel agent. The member was just assigned in the Reserves and did not know that he was required to obtain tickets from the CTO or other authorized source. Reimbursement of these personally-procured tickets is not proper because paragraph U3120-A of volume 1 of the Joint Federal Travel Regulations requires that a member purchase tickets from a specified facility, such as the CTO, unless an exception is authorized or approved by the order issuing official and purchase from a non-CTO travel agent was due to unusual circumstances when there is no alternative.


Travel; ADT - commute

04/10/2001

A member of the Air Force Reserve performed active duty training for three days at his unit's home station. The member's claim for actual mileage from his residence to his unit is allowed to the limited extent provided under paragraph U7150-A of volume 1 of the Joint Federal Travel Regulations. The member's claim for lodging expenses is denied because a member is not entitled to per diem when he commutes from his home to his unit of assignment.


Pay; retired pay - SBP

03/30/2001

A married service member who retired prior to the enactment of the Survivor Benefit Plan (SBP) entered into a purported second marriage without having terminated his first marriage. During an SBP open season, he elected coverage for his purported second spouse, designating her by name on the SBP election form. Since the member made an affirmative SBP election of a person who was not his spouse, his election was void, and neither his lawful widow nor the person he elected can receive an SBP annuity.


General; waiver of indebtedness - SBP premiums

03/19/2001

A retired member's former spouse requested a deemed election as beneficiary of his Survivor Benefit Plan (SBP) in accordance with a 1998 divorce decree. When the paperwork was processed in March 2000, the retired member's debt was established for the costs of the SBP coverage between 1998 and 2000. Waiver is not appropriate for premium amounts because the member was responsible under the divorce decree to provide SBP coverage for his former spouse.


Travel; reimbursement - U3120

03/16/2001

A member who purchased airline tickets to comply with orders to attend official training did not purchase the tickets from a travel agency under government contract or other approved facility. Reimbursement of the member is not proper because paragraph U3120 of volume 1 of the Joint Federal Travel Regulations (1 JFTR U3120) requires that the member purchase tickets from one of the facilities described in 1 JFTR U3120-A unless under 1 JFTR U3120-B the order-issuing official authorized or later approved purchase from a non-authorized facility.


General; waiver of indebtedness

03/12/2001

A military member continued to receive pay and allotments after his discharge, and allotments continued to be paid to financial institutions on his behalf. Waiver of the resulting debt under 10 U.S.C. 2774 is not appropriate, since the member should have been aware that he was receiving amounts to which he was not entitled.


General; waiver of indebtedness - dual compensation

03/08/2001

A retired service member requests waiver of his indebtedness to the government caused by the erroneous overpayment of military retired pay. The member was overpaid because his combined civilian salary and military retired pay exceeded the pay cap in 5 U.S.C. 5532(c). Waiver is not appropriate where the member knew or had reason to know that he exceeded the pay cap even though he properly alerted his civilian employing agency and DFAS about the possibility of overpayment and both agencies incorrectly failed to act on the member's inquiry.


General; waiver of indebtedness

02/28/2001

A service member retired on September30, 1997, and in mid-1998, began receiving a series of checks that were forwarded to him from the installation at which he had been assigned prior to retirement. Waiver is not appropriate when the member has not articulated any basis to show a reasonable expectation of receipt of any of the checks in the approximate amounts involved that long after retirement.


Allowances; BAH - reservist

02/26/2001

A reservist was ordered to perform a Temporary Tour of Active Duty (TTAD) for a period of less than 31 days. For that period of time he claims Basic Allowance for Housing (BAH)-I, to which he would be entitled if his TTAD had been in support of a contingency operation and if the orders had been for at least 31 days. The member has not proven his entitlement to BAH-I, since his orders do not state that his TTAD was in support of a contingency operation, the order-issuing authority indicates that his duty was not in support of a contingency operation, and Army Regulation 135-210 requires that an order for duty in support of a contingency operation be for not less than 31 days. The member is therefore entitled to BAH-II rather than BAH-I for the period of the TTAD.


General; waiver of indebtedness

02/13/2001

Upon retirement from the Navy at the end of a month, a chief petty officer received a separation payment of $4,654.56. His normal end-of-month payment was approximately $870, and he was entitled to only $1,512.75 at separation. The member's application for waiver of the overpayment is denied when the member had used almost all of his accrued leave prior to separation, and he supported his position with a general statement that he was advised by some unidentified individual that he should expect a larger payment than normal when he separated. The member's position also is undermined by a statement that he considered certain "pay factors" in determining the reasonableness of the separation payment, and a reasonable member with similar rank and experience would not have reasonably considered such "pay factors."


Allowances; record correction - medical expenses

02/12/2001

An Air Force member was discharged in May 1993. In 1997 the Air Force Board for the Correction of Military Records placed the member on the retired list effective June 1, 1993. The member may be reimbursed for the amount he spent to provide health insurance for his wife between 1993 and 1997. She incurred medical expenses between December 1993 and November 1994 which were not covered by that health insurance. The member may be reimbursed for those expenses up to the amount that the Civilian Health and Medical Program of the Uniformed Services would have paid on a claim for those expenses.


General; waiver of indebtedness - dual compensation

01/03/2001

A retired Naval officer accepted a civilian position with the federal government, and his military retired pay became subject to the Dual Compensation statute. Due to an administrative error, his pay was not reduced as was required under 5 U.S.C. 5532. The member is at fault in drawing military retired pay in an unreduced amount because he was aware of the application of the Dual Compensation statute and failed to notify his military finance office of his dual status to obtain a definite determination of his entitlements. Waiver under 10 U.S.C. 2774 is therefore precluded.


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Other years: 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014
Last updated 27 Sep 2014