IN THE CASE OF:	  

		BOARD DATE:	  22 July 2010

		DOCKET NUMBER:  AR20090018859 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests reimbursement for rental of a U-Haul trailer used in a do-it-yourself (DITY) move.

2.  The applicant states the Fort Hood, TX transportation office did not inform her that she needed weigh tickets for the trailer.  She states that the transportation office only instructed her to provide the trailer rental and gas receipts once she reached Fort Carson, CO.

3.  The applicant provides a copy of the U-Haul equipment contract, hotel and restaurant receipts, and unit relocation orders.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show that she enlisted in the Regular Army on 23 August 2000.  She was promoted to pay grade E-6.

2.  The applicant provided Headquarters, III Corps, Fort Hood, Permanent Orders 026-009, dated 26 January 2009, relocating her unit to Fort Carson.

3.  The applicant's records contain no individual authorization or orders for a permanent change of station (PCS) move from Fort Hood to Fort Carson.

4.  The applicant provided a copy of the trailer rental equipment contract.

5.  During the processing of this case, a member of the Board staff contacted the Army Chief of Staff, G-4 regarding the applicant's request for reimbursement for the trailer rental.  The G-4 stated that an after-the-fact personally procured move of household goods (HHG) is not authorized.  The G-4 stated the orders provided by the applicant are for a unit move from Fort Hood to Fort Carson.  The military personnel account funding for the PCS of personnel was not included.  In addition, the receipt for the rental vehicle is for a one-way rental from Wadesboro, NC to Colorado Springs, CO and weigh tickets were not provided.

6.  On 26 May 2010, the advisory opinion was forwarded to the applicant for information and to allow her the opportunity to submit comments or a rebuttal.  She did not respond.

7.  Joint Federal Travel Regulations (JFTR), chapter 5, prescribes a member's authority for personal and dependent travel and transportation allowances to include HHG transportation allowances.  It states that a member is financially responsible for all transportation costs as a result of transportation between other than authorized locations.  It further states that for an authorization/order to be a PCS authorization it must in fact direct a PCS move.

DISCUSSION AND CONCLUSIONS:

1.  While the applicant contends she was not instructed to obtain weigh tickets for the rental trailer prior to renting the vehicle, she has provided no evidence to support this contention.  While the applicant provided a unit relocation order, there are no available PCS orders showing her individual authorization and military personnel account funding regarding a PCS move or approval of a DITY move.

2.  Even if the applicant was given inadequate instructions, the Comptroller General of the United States has ruled in similar cases that although a service member may have been misinformed about his or her entitlements, the Government is not liable for erroneous actions of its officers, agents, or employees in the performance of their official duties.

3.  In view of the foregoing, there is no basis for granting the applicant's requested relief.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ____X___  ____X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ____________X___________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20090018859



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ABCMR Record of Proceedings (cont)                                         AR20090018859



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