AIR FORCE 

BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

IN THE MATTER OF: 

JuN  1 2  1998 
DOCKET "4BER:  9 6- 0 2 0 1 3  - 

COUNSEL:  NONE 

HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT: 

He  be  reimbursed  for  a  Do-It-Yourself  (DITY)  move  of  his 
household goods (HHG) . 

APPLICANT CONTENDS THAT: 

He  was  entitled  to  a  separation  move  of  his  household  and 
professional  goods.  He  accomplished  the  move  to  his  home  of 
record  (HOR) at his own expense, as documented in his separation 
orders.  Therefore, he believes he should be reimbursed for the 
move. 

In support of  his appeal, the applicant provided  copies of  his 
separation orders and other documents associated with the matter 
under review. 
Applicant's complete submission is at Exhibit *A. 

STATEMENT OF FACTS: 

On  2 1   Feb 85, the  applicant was  appointed a  second lieutenant, 
Reserve  of  the  Air  Force  (Medical  Service  Corps),  and,  on 
10 Jun 88  as  a  captain  (Medical Corps).  He  was  voluntarily 
ordered  to  extended  active  duty  on  25  Jul  93  in  the  grade  of 
captain.  On  2 4   Jul  96,  the applicant was honorably discharged 
under  the  provisions  of  AFI  3 6 - 3 2 0 7   (Completion of  Required 
Active  Service)  in  the  grade  of  major.  He  was  credited with 
three years of active duty service. 

The relevant facts pertaining to this application are contained 
in  the  letter  prepared  by  the  appropriate  office  of  the  Air 

Force.  Accordingly, there  is no need  to recite these facts in 
this Record of Proceedings. 

AIR FORCE EVALUATION: 

The  Traffic  Management  Division,  HQ  USAF/LGTT,  reviewed  this 
application  and  recommended  denial. 
LGTT  noted  that  the 
applicant  elected to move his household goods at his own expense 
on  22 Nov  95 prior  to  requesting separation on  15  Feb  96  and 
receiving official orders on 16 Apr 96. 

..IIc- 

According  to  LGTT,  the  Air  Force  is  governed  in  matters 
pertaining  to  travel  and  transportation  (including  personal 
property  shipments) for its members by Volume  I, Joint  Federal 
Travel  Regulation  (JFTR), which  is promulgated  from  Title  37, 
U.S.  Code.  The  JFTR  is  a  direct  implementation  of  the  law 
enacted by the Congress and has the same force and effect. There 
is  no  authority  to  grant  an  exception  or  a  waiver  to  any 
provision of the Joint Federal Travel Regulation. 

a.  Paragraph U5305-A, JFTR provides in part, that a member 
is  entitled to  transportation of  household goods at  Government 
expense when the member is ordered to perform a permanent change 
of station (PCS). 

b.  Paragraph  U5320-D,  JFTR  provides  in  part,  that 
transportation of household goods ordinarily will be made through 
a  shipping or  transportation officer.  It  further states  that 
under  certain  conditions  a  member  who  personally  arranges  for 
transportation of  household goods by  any means, is entitled to 
reimbursement of  such costs not  to exceed the cost which would 
have been incurred by the government had transportation been made 
by a shipping or transportation officer, or reimbursement of the 
actual  costs  incurred  if  a  transportation  officer  was  not 
available or if  the member  was  advised  to arrange  for his  own 
move. 

c.  Paragraph  U-5320-E, JFTR  provides,  in  part,  that  if 
authorized in advance by the official designated for that purpose 
by  the  Service  concerned  (for Air  Force  this  is  the  Traffic 
Management Officer) ,  a member will he paid an amount equal to 80 
percent  of  what  it  would  have  cost  the  Government  to  ship  the 
household goods actually moved by the DITY method, not to exceed 
his or her authorized weight allowance, less the cost incurred by 
the Government for the DITY move.  The Secretary concerned or the 
Secretary's designated  representative  may  approve  "after  the 
fact" DITY moves on a case-by-case basis. 

d. Paragraph U-5330-G, JFTR provides, in part, for shipment 
of household goods in advance of orders, however, the Comptroller 
General  has  ruled  that  general  information  furnished  to  the 
member concerning issuance of orders before the determination is 

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AFBCMR  9 6 - 0 2 0 1 3  

made  to  actually  issue  the  orders  (such as  time  of  eventual 
release from active duty, time of expiration of term of service, 
date  of  eligibility  for  retirement, date  of  expected  rotation 
from  overseas  duty)  may  not  be  considered  as  advice  that  the 
orders will be issued  (52 Com. Gen. 769  (1973)). 
LGTT indicated that their review of the circumstances surwunding 
the  applicant's  case  revealed  that  he  was  aware  that  for 
reimbursement of a move at personal expense or to receive a cash 
incentive for a DITY move  he  must  have proper  authorization in 
the form of orders prior to completion of the move.  For personal 
reasons he decided to relocate part of his family and complete a 
personal move at his own expense five months prior to the orders 
being  issued.  Upon  receipt  of  his  orders  on  16  Apr  96,  the 
applicant sent a letter to the Travis Traffic Management Officer 
on  19  Apr  96  requesting  reimbursement  or  for  approval  of  an 
after-the-fact DITY move.  They could not authorize reimbursement 
because his receipts were dated 22 and 25 Nov 95  (move performed 
prior to the 16 Apr  96 orders). Also, the TMO could not approve 
an after-the-fact DITY move because the applicant's personal move 
did  not  meet  the  requirements of  JFTR, Vol  1, U5320-E.  The 
applicant's documents were forwarded to Headquarters Air Mobility 
Command  for further review and again it was  determined that he 
did  not  qualify  for  reimbursement  or  an  after-the-fact  DITY 
payment  because  he  did  not  possess  valid  authority  (special 
orders) prior to accomplishing the move. 

LGTT  stated  that  a  check  with  the  Chief,  Military  Personnel 
Flight, 60th Mission  Support Squadron showed that the applicant 
did not apply for separation until 15 Feb 96  (almost three months 
after he made his own move) , according to the Air Force Form 780 
(Officer  Separation  Actions).  It  should  also  be  noted  that 
according to Air Force Instruction 36-3207, Chapter 2, paragraph 
2.9 ,  the applicant could have requested separation orders within 
and up to one year prior to the date of his active duty service 
commitment  (22 Jul  96). On  30  May  96,  he  used  his  separation 
orders  (#AB0519, dtd  16  Apr  96)  to arrange, through the Travis 
Traffic Management Office, shipment of 703 pounds of professional 
goods  from  the  David  Grant  Medical  Center,  Travis  AFB, 
California, to Englewood, Colorado. 

In  conclusion,  LGTT  indicated  that  the  Travis  TMO  properly 
responded  to  the  applicant's letter  informing  him  that  orders 
were required to be  eligible for shipment of  household goods or 
reimbursement  of  a  personally  performed  move,  as  well  as  that 
prior authorization was required for him to make a DITY move and 
receive  a  cash  incentive.  These  provisions  apply  to  all  DOD 
members and in this case we find no justification of an injustice 
occurring. 

A complete copy of the LGTT evaluation is at Exhibit C. 

3 

AFBCMR  96-02013 

. 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

In  his  response,  the  applicant  indicated  that  he  strongly 
believes that an injustice has been done in that by denying even 
reimbursement of his own expenses, the Air Force has withheld a 
contracted right due to him as an officer of the armed forces of 
the United States.  By not reimbursing him whatsoever, they are, 
in fact, taking money or benefits  from him  after his honorable 
service to the military. 

Applicant indicated that he would prefer that the board choose to 
approve a DITY move to reimburse him a cash incentive equal to 80 
percent  of  what  it  would  have  cost  the government to  ship his 
HHG.  If this is not agreeable to the board, he would settle for 
a reimbursement for the actual costs incurred without receiving 
any additional cash incentive. 

Applicant's complete response is at Exhibit E. 

THE BOARD CONCLUDES THAT: 

The applicant has exhausted all remedies provided by existing 

1. 
law or regulations. 
2 .   The application was timely filed. 
3 .   Sufficient  relevant  evidence  has  been  presented  to 
demonstrate  the  existence  of  probable  injustice. 
While  it 
appears that the applicant completed a DITY move of his household 
goods at his own expense prior to the issuance of his orders, we 
noted that  he  could have requested separation orders up  to one 
year  prior  to  the  date  of  his  active. duty  commitment. 
Furthermore, had  he  received  his  orders prior  to  the  move,  he 
would  have  been  authorized  reimbursement for his expenses.  In 
view of the above, we believe it is in the interest of justice to 
afford  the  applicant  the  requested  relief.  Accordingly,  we 
recommend that his records be corrected as indicated below. 

THE BOARD RECOMMENDS THAT: 

The pertinent military records of the Department of the Air Force 
relating  to  APPLICANT,  be  corrected  to  show  that  he  received 
prior  authorization  to  perform  a  Do-It-Yourself  (DITY);  he 
received  proper  DITY  move  counseling; he  completed  a  DD  Form 
2278, DITY  Counseling  Checklist, prior  to  the  movement  of  his 
personal  property  from  Travis  Air  Force  Base ,  California,  to 
Englewood,  Colorado;  and,  his  incentive  was  based  on  the 
transportation rates in effect in November 1995. 

4 

AFBCMR 96-02013 

The following members of the Board considered this application in 
Executive Session on 2 7   Jan 98,  under the provisions of AFI  3 6 -  
2 6 0 3  : 

Ms. Charlene M. Bradley, Panel Chair 
Mr. Richard A. Peterson, Member 
Mr. Henry Romo, Jr., Member 

All  members voted  to correct the  records, as recommended.  The 
following documentary evidence was considered: 

Exhibit A.  DD Form 1 4 9 ,   dated 10 Jun 96,  w/atchs. 
Exhibit B.  Applicant's Master Personnel Records. 
Exhibit C.  Letter, HQ USAF/LGTT, dated 9  Aug 96, w/atchs. 
Exhibit D.  Letter, SAF/MIBR, dated 3  Sep  9 6 .  
Exhibit E.  Letter, applicant, dated 6  Sep 9 6 .  

CHARLENE M. BRADLEY 
Panel Chair 

5 

AFBCMR 96-02013 

DEPARTMENT OF THE AIR FORCE 

WASHINGTON, DC 

JUN 1 2  1998 

Office of the Assistant Secretary 

AFBCMR 96-02013 

MEMORANDUM FOR THE CHIEF OF STAFF 

Having received and considered the recommendation of the Air Force Board for 

Correction of Military Records and under the authority of Section 1552, Title 10, United States 
Code (70A Stat 116), it is directed that: 

military records of the Department of the Air Force relating to%- 
be corrected to show that he received prior authorization to perform a Do-It- 

nt of his personal property fie-ir 
Yourself PITY); he received proper DITY move counseling; he completed a DD Form 2278, 
and, his incentive was based on the 

I/ Director 

W 

Air Force Review Boards Agency