Are state National Guards allowed to write rules/regulations that contradict DOD regulations?

SFC Private RallyPoint Member — Mon, 17 Jun 2019 14:34:01 -0400

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?

Response by SFC Private RallyPoint Member made Jun 17 at 2019 3:34 PM

SFC Private RallyPoint Member — Mon, 17 Jun 2019 15:34:31 -0400

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.

Response by MAJ Ken Landgren made Jun 17 at 2019 4:53 PM

MAJ Ken Landgren — Mon, 17 Jun 2019 16:53:06 -0400

I think it is illegal to force a soldier to go on TDY travel without compensation. They can't change the DoD travel regulations. The government can't accept a benefit without paying for it, that is a huge no no. Call the state comptroller. How many days out before TDY travel?

Response by SGT Javier Silva made Jun 18 at 2019 2:36 PM

SGT Javier Silva — Tue, 18 Jun 2019 14:36:54 -0400

SFC Private RallyPoint Member - 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.

Response by CW3 Kevin Storm made Jun 18 at 2019 6:36 PM

CW3 Kevin Storm — Tue, 18 Jun 2019 18:36:22 -0400

Generally speaking if a soldier is an MDAY, the requirement to have a card is waived. It takes to much effort to get them out. But said soldier better have a way to pay for things before he goes, and understand on the back end he may accrue interest as the check may be slow to come.

Response by MCPO Hilary Kunz made Jun 18 at 2019 6:39 PM

MCPO Hilary Kunz — Tue, 18 Jun 2019 18:39:54 -0400

No.

Response by MAJ Ken Landgren made Jun 19 at 2019 12:48 PM

MAJ Ken Landgren — Wed, 19 Jun 2019 12:48:04 -0400

Someone tell me what is the crux of the problem?

Response by LTC Private RallyPoint Member made Jun 19 at 2019 2:03 PM

LTC Private RallyPoint Member — Wed, 19 Jun 2019 14:03:23 -0400

Subordinate Commands can normally make travel or other programs more restrictive that the Federal Travel Regulations (FTR) that cover DoD Travelers. But normally, they can mandate that travelers can only use their GTC on two traveling expenses in particular (per the FTR).. those are Airline tickets & rental cars (since this is covered by Rental Car Company contracts with the Federal Government). Some command's only enforce the Airplane ticket expenses, since a Government Travel Card (GTC) must be used to purchase tickets (or a Central Billing Account must be used- but some organizations don't have a Central Bill Account available for use- so they'll prohibit travel for non-GTC holders).

Response by SFC Private RallyPoint Member made Jun 20 at 2019 6:14 PM

SFC Private RallyPoint Member — Thu, 20 Jun 2019 18:14:27 -0400

Update: The AO is refusing to approve the DTS authorization (even though the TDY orders require travel) due to my soldier not having a GTC.

Response by MAJ Ken Landgren made Jun 22 at 2019 4:28 PM

MAJ Ken Landgren — Sat, 22 Jun 2019 16:28:09 -0400

Did you talk to the DTS admin or finance?

Response by CW3 Private RallyPoint Member made Jul 18 at 2019 5:30 PM

CW3 Private RallyPoint Member — Thu, 18 Jul 2019 17:30:03 -0400

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.

Response by MAJ Ronnie Reams made Feb 17 at 2023 10:38 AM

MAJ Ronnie Reams — Fri, 17 Feb 2023 10:38:47 -0500

I fuzzy on this, but as I recall, each NG has a USP&FO. As the name implies, that is a US office. The fiscal part handles money spent and if some spending is not in accordance with DOD regs and policies, then O that runs the shop overrides TAG. The USP&FO OIC is a COL as I recall.