Serious Pay Problem... Need Advice Please

[nmund11]

My self and several people I know are facing a serious pay problem. We were instructed while in OCS from Pensacola PSD that as a person who was a part of the BDCP program, while in A-Pool and API we were entitled to per diem.

The per diem in Pensacola is approximately $35/day for food and up to $65/day housing. The housing portion was "use it or lose it" and we were told that we should maximize it while staying there.

The rational behind the per diem was that since our old recruiting district was our permanent duty station, and that we were in P'cola on tempory duty for API, we were entitled to the per diem.

Now we are being told that we are going to be indebted for the money we recieved, which is thousands of dollars per person. I have tried to pursue this on my own but have made little headwind. I thought this was completely legitamate per diem, as I knew people from previous years who came from BDCP, then OCS, then recieved per diem while in API.

We really need as much help or advice as possible. If you have any questions please post or PM me. Thank you.

-NMund11-

 

[HAL Pilot]

I hear the Marines are giving you $63k if you transfer to them......

Check what kind of orders you are on. If they are PCS orders, you are screwed. If they are TAD orders, you have a shot at keeping the money. If they did an order modification from TAD to PCS, find out when it happened. There used to be a time limit on TAD orders after which they had to be modified to PCS. With A-pool, maybe you hit this limit and they did an ordmod back to day one. In this case, you should be able to keep the per diem up until the day the ordmod was actually issued.

If they are PCS, there is also a way to have the payback waived if you can show a financial hardship. Also, you can have the payback spread out over time too with command approval.

 

[nmund11]

My orders to OCS and API were both temporary duty under instruction. Not until I came to Corpus did I recieve PCS. They were never modified while in API either, I was there for less than three months.

 

[scoober78]

I'll be the first to admit that I really don't know the right answer...you practically need an advanced degree in bureaucracy to get the military pay system down...but.

I received per diem as an STA-21 guy during API because I was unacompanied (geo-bachelor) and the BOQ was not available. When I finally settled my travel claim here in Corpus, the per diem got reviewed (they told me I was indebted) and after some gnashing of teeth it was upheld. Long story short, when I was in this process I talked to many central pay folks and they all said that the per diem that had been payed to folks coming out of OCS and most of the API folks was being recalled. She said and I quote, "PSD Pensacola has misinterpreted the per diem instruction here and alot of people are going to have to pay back alot of money. You are only approved because you were a geo-bachelor."

I don't mean to discourage you and I am no expert, but this is what I've heard. You are not alone, as I know several people here in the same boat.

 

[HAL Pilot]

Again, check to make sure there was not an order modification issued changing you to PCS. The ordmod should not be retroactive to day one. If it is, that might be what is triggering this. The battle would then be to have the ordmod changed to reflect reality.

If they are temporary duty as you think, you are owed per diem. Who is telling you you owe money? Student Control or PSD? PSD should be the ones to have the answers to your questions. Don't let some LT in Student Control (or whatever they call it nowdays) snowball you. Go to PSD yourself.

If you think it is a legal entitlement that is being taken away, there is always the base legal office and the Inspector General.

 

[HAL Pilot]

Long story short, when I was in this process I talked to many central pay folks and they all said that the per diem that had been payed to folks coming out of OCS and most of the API folks was being recalled. She said and I quote, "PSD Pensacola has misinterpreted the per diem instruction here and alot of people are going to have to pay back alot of money. You are only approved because you were a geo-bachelor."

This doesn't make sense. If you are on temporary duty, your home is at your permanent duty station and the navy has to either provide you quarters at the temporary duty station or the money to obtain temporary lodging. Likewise, your BAS is supposed to cover subsistence while living in a home where you can to to the store & cook. It is not meant to provide subsistence where you are in temporary lodging and have to go somewhere for every meal. This is covered not only in the Navy's manuals but also in the Joint Travel Regulations (which take precedence over the Navy's as they are DOD wide).

You can not be on temporary duty and not draw per diem. You can be on a reduced per diem if the Navy is providing lodging and /or meals, but that situation would be obvious.

There is an appeal process if they try and take it away. And as I said before, there is always the JAG and the IG.

 

[scoober78]

I'll be the first to admit that I really don't know the right answer

Like I said...just reporting what I was told. Pay is the last taboo of my relationship with the Navy...

 

[lance]

I am getting it right now. I am in A-pool. PSD told me I was able to receive it for 100 days after graduation, and then I would have to talk to flight management for an extension. Chuck Wier is handling everything over there for me.

ALL I know is I don't have PCS orders and I didn't get to go home to get my stuff after gradution, so I qualified.

 

[nmund11]

Chuck Wier is handling everything over there for me.

ALL I know is I don't have PCS orders and I didn't get to go home to get my stuff after gradution, so I qualified.

I had the exact same situation as you, and your per diem is going to be taken back. I spoke to Mr Wier this past week, and he still stands by his word that we are entitled to the per diem, but he isn't making the final decision.