Posted on Jun 17, 2019
Are state National Guards allowed to write rules/regulations that contradict DOD regulations?
7.56K
19
29
5
5
0
I have a soldier who will soon be on TDY orders and traveling, but my state command has told me that unless he has a Government Travel Card, they will not reimburse him for his travel expenses. This seems to contradict the DOD GTC regulation, which states that not possessing a GTC will not be considered a reason to not reimburse a traveler (even though they may face disciplinary action). Is the state command allowed to establish rules like this that directly contradict published DOD regs?
Army Regulations
Defense Travel System (DTS)
NGB
TDY
Posted 5 y ago
Responses: 11
5
5
0
It sounds like your state command hadn't published anything but simply "told" you that it is their policy not to pay.
Usually the easiest way to resolve these issues is to request to see the offending policy in writing and then producing the policy/regulation of the higher echelon (in this case the DOD). Most of the time, there is absolutely no policy and either a. "heard" that's how it was done or b. a commander at some point made a remark without knowing the regulations that became an unwritten rule.
Usually the easiest way to resolve these issues is to request to see the offending policy in writing and then producing the policy/regulation of the higher echelon (in this case the DOD). Most of the time, there is absolutely no policy and either a. "heard" that's how it was done or b. a commander at some point made a remark without knowing the regulations that became an unwritten rule.
(5)
(0)
2
2
0
SFC (Join to see) - To simply put it, SFC, no they cannot write policy that supersede a regulation by higher echelon. They can only make it more restrictive. Basically, they can add to, but not take away.
If the DoD says that they will be reimbursed, even if they don't have a GTC, the unit can't say we're going to reimburse you unless you have a GTC. However, they can say, we will not send you to training/schools if you don't have a GTC.
If I'm reading the comments properly, I would definitely look into involving the IG. I would also be prepared to take beyond your BN, or BDE, level, if need be.
If the DoD says that they will be reimbursed, even if they don't have a GTC, the unit can't say we're going to reimburse you unless you have a GTC. However, they can say, we will not send you to training/schools if you don't have a GTC.
If I'm reading the comments properly, I would definitely look into involving the IG. I would also be prepared to take beyond your BN, or BDE, level, if need be.
(2)
(0)
SFC (Join to see)
It could be that their backup would be, "we'll pull your orders if you don't have a GTC," but this is for required AT.
(0)
(0)
SGT Javier Silva
SFC (Join to see) - They would have to try and explain why the pulled AT orders. Unless, their plan is to excuse the Soldier from AT.
(0)
(0)
1
1
0
Is there enough time for him to get a GTC? If not, and I were him, I'd say "if I'm not getting reimbursed, I'm not spending the money, therefore I'm not traveling". Seriously. This is pure, unadulterated bullshit.
(1)
(0)
SFC (Join to see)
Once we put the regulation in their faces, they not only backed down, but acted like they hadn't made a big deal out of it...
(0)
(0)
Read This Next
Continue with Facebook 
Continue with Google