RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        3 May 2005
      DOCKET NUMBER:  AR20050005280


      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             |
|     |Mr. Alan Chin                     |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Mr. Patrick H. McGann, Jr.        |     |Member               |
|     |Ms. Diane J. Armstrong            |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his record be corrected to show that his
permanent change of station (PCS) orders were issued as indeterminate
temporary change of station (TCS) orders while allowing him to retain any
and all PCS allowances he received.

2.  The applicant states that the Army permanently assigned him to the
Central Command (CENTCOM) area of responsibility (AOR).  He complied with
the PCS orders in good faith.  The PCS orders assigning him to the CENTCOM
AOR have to be revoked.  He should not have to forfeit any PCS allowances
he received in execution of those orders.

3.  The applicant provides a copy of his PCS orders, Orders 350-5501,
published by Headquarters, United States Army Infantry Center, Fort
Benning, Georgia, dated 15 December 2004, as amended by Orders 363-5501,
same headquarters, dated 28 December 2004.

CONSIDERATION OF EVIDENCE:

1.  The applicant was assigned to Company A, 1st Battalion, 29th Infantry
Regiment, Fort Benning, Georgia.

2.  Orders 350-5501, published by Headquarters, United States Army Infantry
Center, Fort Benning, Georgia, dated 15 December 2004, as amended by Orders
363-5501, same headquarters, dated 28 December 2004, directed the applicant
to proceed on PCS for assignment to Multi-National Force-Iraq, Camp Doha,
Kuwait, APO AE 09889 with duty at Multi-National Force, Irag, Baghdad.

3.  MILPER Message Number 04-316, issued on 17 November 2004, established
the procedural guidance for the change from 179-day individual augmentation
to one-year PCS manning for deployment and stationing in Iraq or
Afghanistan.

4.  MILPER Message Number 05-051, issued on 22 February 2005, amended the
process in the message above in order to change the status of Soldiers
filling Human Resources Command (HRC) managed Joint Manning Document (JMD)
positions in Kuwait, Iraq, or Afghanistan from PCS to indeterminate TCS
with future assignment to be determined.  The indeterminate period of time
will not be less than 12 months.

5.  The decision to change HRC JMD requirements from PCS to TCS was based
on consideration of the impact on permanently stationed troop strength,
compensation, and command relationships for Soldiers and their families.

6.  An advisory opinion, dated 11 April 2005, was obtained from the Army G-
1, Chief, Compensation & Entitlements Division.  That office noted that the
Army issued hundreds of PCS orders assigning Soldiers to JMD positions
located in the CENTCOM AOR.  However, per guidance from the Office of the
Under Secretary of Defense, Personnel and Readiness, the PCS orders cannot
stand as they are.

7.  The advisory opinion, based on a careful review of the facts
surrounding this situation, recommends ABCMR correct the record to show
that the Soldiers’ PCS orders were issued as TCS orders while allowing
those Soldiers to retain all PCS allowances associated with his/her move.

8.  The advisory opinion noted that PCS allowances include all travel and
transportation allowances to include movement to a designated location for
Soldiers serving on a dependent-restricted tour.  This action has been
coordinated with the Defense Finance and Accounting Service-Indianapolis
(DFAS-IN), which concurs and agrees not to recoup any PCS allowances once
the transition to TCS orders occurs.

9.  The advisory opinion also recommended that the effective deployment
report date on the TCS orders match the original effective deployment
report date on the PCS orders to allow the Soldiers to draw the appropriate
rate of per diem retroactively to the effective deployment report date on
the PCS orders.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record and the advisory opinion from the G-1 clearly
show that the applicant has been disadvantaged by the issuance of the
erroneous PCS orders.

2.  Accordingly, the applicant’s PCS orders should be voided and a TCS
order issued containing the same assigned to organization, report date, and
the appropriate additional instructions.

3.  Accounting classification should be the proper fund cite for a TCS
movement.  There will be no recoupment of erroneously expended PCS funds.
The ABCMR claims account is not to be used to fund this action.

4.  In view of the foregoing the applicant’s record should be corrected
accordingly.

BOARD VOTE:

__SLP___  __PHG__  __DJA__  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for relief.  As a result, the Board recommends
that all Department of the Army records of the individual concerned be
corrected by:

      a.  voiding PCS Orders 350-5501, dated 15 December 2004, including
amendment; and

      b.  issuing TCS orders to replace the voided PCS order containing the
same assigned to organization, reporting date, and appropriate additional
instructions and fund cite.

2.  The Board further requests DFAS not to recoup any PCS allowances that
might normally be required by this correction pursuant to the agreement
between DFAS and Army G-1, and further requests DFAS to not use the ABCMR
claims account to fund these actions.




                                  _____Shirley L. Powell_______
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20050005280                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050503                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |MR. SCHNEIDER                           |
|ISSUES         1.       |129.0200                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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