PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 13 May 2003
         DOCKET NUMBER: AR2002076377


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Ms. Beverly A. Young		Analyst

The following members, a quorum, were present:

Ms. Margaret K. Patterson		Chairperson
Mr. Ted S. Kanamine		Member
Mr. Lawrence Foster		Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

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2. The applicant requests, in effect, that Department of the Army, MOB Support Detachment 72 (Operation Joint Forge) Orders 01-330-021, dated 26 November 2001, [hereafter identified as DA Orders 01-330-021] be amended to show "9 Excess Bags Authorized" and that he receive reimbursement for excess baggage charge of $555.00.

3. The applicant states that the original DA Orders 01-330-021 had no limit on excess baggage. He claims that he brought 9 excess bags from his Home of Record (HOR) to the CONUS Replacement Center (CRC) at Fort Benning, Georgia on 16 December 2001. He contends that after arrival at the CRC, orders were amended which limited him to 4 excess bags. He claims that this "after-the-fact" amendment resulted in denial of his claim for reimbursement of $555.00 in excess baggage charges. In support of his application, he submitted a Memorandum for Record, dated 21 June 2002; a copy of DA Orders
01-330-021; his United States Army Infantry Center Orders Number 352-0043 [hereafter identified as Fort Benning Orders 352-0043], dated 18 December 2001; his PERSCOM [U. S. Total Army Personnel Command] Personnel Assistance Point Orders Number 353-09, dated 19 December 2001 [hereafter identified as PERSCOM Orders 353-09]; his DA Form 1351-2 (Travel Voucher or Subvoucher) with receipts; his Travel Voucher, dated 29 December 2001; and nine E-mail messages.

4. The applicant’s military records show that he initially served as a commissioned officer in the Regular Army from 8 June 1977 through 8 June 1982. He was later appointed as a Reserve commissioned officer in the rank of captain; however, the date of his appointment is not found in his records. The applicant was discharged from the U.S. Army Reserve on 14 June 2002 in the rank of lieutenant colonel.

5. DA Orders 01-330-021 ordered the applicant to active duty from his HOR in Silverdale, Washington, to report to the CRC at Fort Benning, Georgia, no later than 16 December 2001. The additional instructions in DA Orders 01-330-021 state, "Excess baggage is authorized."

6. The applicant provided a copy of his passenger tickets, dated 15 December 2001, which shows he performed that travel from Seattle, Washington, to Columbus, Georgia, [the city adjacent to Fort Benning] with 9 pieces of baggage.

7. Fort Benning Orders 352-0043 were published on 18 December 2001. These orders reassigned the applicant from Fort Benning to Sarajevo Bosnia in support of Operation Joint Forge with a report date of 23 December 2001. These orders authorized the applicant a total of 4 pieces of checked baggage.


8. The PERSCOM Personnel Assistance Point in Atlanta, Georgia, published PERSCOM Orders 353-09 on 19 December 2001. These orders amended DA Orders 01-330-021 as follows: "4 Excess bags authorized not to exceed 70lbs apiece with the exception of duffel bags which are not to exceed 99lbs each piece."

9. The applicant provided a copy of a Travel Voucher, dated 29 December 2001. This document indicates that he requested reimbursement for an excess baggage charge of $555.00 which he had paid in conjunction with his travel from his HOR in Silverdale, Washington, to the CRC at Fort Benning, Georgia.

10. Records show that the Defense Finance and Accounting Service (DFAS) prepared Travel Voucher Number 470668 for payment of the applicant's temporary duty settlement on 11 February 2002. This voucher shows that the applicant was not reimbursed for the excess baggage charge of $555.00.

11. The Remarks Section of the Travel Voucher Number 470668 contains the statement: "SM NEEDS AMENDED ORDER TO RECEIVE REIMBURSEMENT FOR EXCESS BAGGAGE OF $555.00. FORT BENNING ORDER 352-0043 STATES THAT SM CAN ONLY HAVE 4 BAGS OF EXCESS BAGGAGE AND SM RECEIPTS INDICATE THAT HE HAD 9."

CONCLUSIONS:

1. The Board considered the applicant's request to amend DA Orders 01-330-021 to show "9 Excess Bags Authorized."

2. The Board noted that DA Orders 01-330-021 authorized the applicant’s travel from his HOR in Silverdale, Washington, to the CRC at Fort Benning, Georgia, with entitlement to "Excess Baggage." Additionally, the Board noted that these orders stated no limit on the "Excess Baggage” to which the applicant was entitled.

3. Evidence of record shows the applicant traveled from his HOR in Silverdale, Washington, to Columbus, Georgia, with 9 pieces of baggage based on DA Orders 01-330-021. Records also show that the applicant paid a charge of $555.00 for the baggage which accompanied him on the flight from Washington State to Columbus, Georgia.

4. Records show that, after the completion of this travel from Washington State to Columbus Georgia, officials at Fort Benning, Georgia, published Fort Benning Orders 352-0043, dated 18 December 2001 directing the applicant's travel to Bosnia and restricting him to shipment of only 4 pieces of baggage.

5. Records show that upon the applicant's arrival at Atlanta, Georgia, for his flight to Sarajevo, Bosnia, the PERSCOM Assistance Point, located in Atlanta, published PERSCOM Orders 353-09, dated 19 December 2001. PERSCOM Orders 353-09 amended DA Orders 01-330-021 thereby limiting the applicant's excess baggage to "4 Excess bags authorized not to exceed 70lbs apiece with the exception of duffel bags which are not to exceed 99lbs each piece."

6. Records also show that the applicant submitted a claim for reimbursement in the amount of $555.00 for the excess baggage charge for that portion of his trip from Washington State to Columbus, Georgia, performed on 15 December 2001.

7. Records show that DFAS denied the applicant's request for reimbursement of a $550.00 excess baggage charge citing Fort Benning Orders 352-0043 which restricted him to shipment of only 4 pieces of baggage.

8. Based on all of the foregoing, it is clear to the Board that the applicant’s travel from his HOR in Silverdale, Washington, to Columbus, Georgia, to include the shipment of 9 pieces of baggage was properly performed under DA Orders
01-330-021 which initially contained no published restrictions on excess baggage.

9. It is also clear to the Board that Fort Benning Orders 352-0043, which authorized the applicant's travel to Operation Joint Forge in Bosnia with excess baggage limited to 4 pieces, were unrelated to the applicant's travel from his HOR in Silverdale, Washington, to Columbus, Georgia. Therefore, they were erroneously used by DFAS in the preparation of that portion of the applicant's claim for travel expenses from Silverdale, Washington, to Columbus, Georgia.

10. It is also clear to the Board that PERSCOM officials in Atlanta, Georgia, published PERSCOM Orders 353-09 which amended the applicant's original DA Orders 01-330-021 thereby limiting his excess baggage to 4 pieces after completion of his travel from Silverdale, Washington, to Columbus, Georgia, and after the excess baggage charge had been incurred and paid by the applicant.

11. Therefore, this Board concluded that, absent published restrictions on the amount of excess baggage in DA Orders 01-330-021, the applicant was entitled to the shipment of 9 pieces of baggage for that portion of his travel from his HOR in Silverdale, Washington, to Columbus, Georgia.

12. The Board also found that DFAS erred when it disallowed reimbursement to the applicant of a $550.00 excess baggage charge because this action by DFAS was based on Headquarters United States Army Infantry Center (Fort Benning, Georgia) Orders 352-0043, dated 18 December 2001. In fact the travel resulting in the $550.00 excess baggage charge was performed under the authority of Department of the Army, MOB Support Detachment 72 (Operation Joint Forge) Orders 01-330-021, dated 26 November 2001.

13. Based on all of the foregoing the Board determined the following:

         a. The applicant's request to amend Department of the Army, MOB Support Detachment 72 (Operation Joint Forge) Orders 01-330-021, dated 26 November 2001, to show authorization for 9 pieces of excess baggage is not the appropriate remedy in this case.

         b. Instead, the U. S. Total Army Personnel Command should revoke PERSCOM Personnel Assistance Point Orders Number 353-09, dated 19 December 2001, which amended Department of the Army, MOB Support Detachment 72 (Operation Joint Forge) Orders 01-330-021, dated 26 November 2001.

         c. Then DFAS should audit the DFAS Travel Voucher Number 470668, dated 11 February 2002 and the applicant's 29 December 2001 claim for travel from his HOR in Silverdale, Washington, to the CRC at Fort Benning, Georgia, based on Department of the Army, MOB Support Detachment 72 (Operation Joint Forge) Orders 01-330-021, dated 26 November 2001.

         d. Upon completing audit of the cited travel claim, DFAS should pay the applicant reimbursement for excess baggage to which he is entitled.

14. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by the U.S. Total Army Personnel Command revoking PERSCOM Personnel Assistance Point Orders Number 353-09, dated 19 December 2001.

2. That upon revocation of Personnel Assistance Point Orders Number 353-09, dated 19 December 2001, DFAS audit the DFAS Travel Voucher Number 470668, dated 11 February 2002 and the applicant's 29 December 2001 claim for travel from his HOR in Silverdale, Washington, to the CRC at Fort Benning, Georgia, based on Department of the Army, MOB Support Detachment 72 (Operation Joint Forge) Orders 01-330-021, dated 26 November 2001.

3. Upon completion of the audit by DFAS, the individual concerned be reimbursed as appropriate for excess baggage charges incurred during his travel from his HOR in Silverdale, Washington, to the CRC at Fort Benning, Georgia.

4. That so much of the application as pertains to amending Department of the Army, MOB Support Detachment 72 (Operation Joint Forge) Orders 01-330-021, dated 26 November 2001, to show entitlement to shipment of 9 pieces of excess baggage be denied.

BOARD VOTE:

MKP____ LF_____ MKP_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Margaret K. Patterson_
                  CHAIRPERSON

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INDEX

CASE ID	AR2002076377
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20030513
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY	Mr. Schneider
ISSUES 1.	100.0000
2.	128.0000
3.
4.
5.
6.