RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  27 February 2007
	DOCKET NUMBER:  AR20060012389 


	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.


	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, in effect, reimbursement of shipment of his privately owned vehicle (POV).

2.  The applicant states, in effect, that upon receipt of assignment orders authorizing concurrent travel, he chose to ship his Honda Odyssey using his Government entitlement and elected to pay for shipment of his second POV, a Volkswagen Passat, at his own expense.  He also states that upon his arrival at Schofield Barracks, Hawaii, on 8 August 2006, he subsequently deployed to Iraq by 5 September 2006.  He states that his wife and family returned to the Continental United States (CONUS) and he immediately contacted the vehicle processing center (VPC) to stop shipment of his Honda Odyssey, at an estimated cost of $2284.00.  He now asks that authorization be given for shipment of his Volkswagen Passat instead of his Honda, Odyssey.

3.  The applicant provides Headquarters, Fort McPherson, Order Number 
205-013, dated 24 July 2006; American Logistics Network, LLC, Invoice; and Headquarters, Fort McPherson, Order Number 184-003, dated 3 June 2006, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records show that he initially enlisted and entered active duty on 7 January 1986.  He continued to serve until he was honorably discharged from active duty on 12 June 1986, for the purpose of accepting a commission in the United States Army Reserve (USAR).

2.  On 13 June 1986, the applicant was appointed a Reserve officer in the Army of the United States in the rank of second lieutenant (2LT/O-2).  On 3 August 2001, he was appointed an officer in the Regular Army (RA) in the rank of major (MAJ), and on 1 November 2003, he was promoted to the rank of lieutenant colonel (LTC).  He is currently serving in that rank on active duty in Iraq. 

3.  The applicant provides Headquarters, Fort McPherson, Order Number 
184-003, dated 3 June 2006.  These orders directed his reassignment to the 25th Infantry Division, Schofield Barracks, Hawaii, effective 15 August 2006, and included authorization to ship his POV.  The record gives no indication that he utilized this entitlement to ship one POV at Government cost.  

4.  The applicant provides an invoice titled “American Logistics Network, LLC” This document shows he charged $2603.00 to his Master Card to ship his 1999 Volkswagen Passat from the Atlanta VPC on 4 August 2006.

5.  In connection with the processing of this case, an advisory opinion was obtained from the Chief, Compensation and Entitlements Branch, Army Human Resources Command (AHRC).  This official recommended retroactive authorization be granted to change the applicant's POV shipment at Government expense from the applicant’s Honda Odyssey to his Volkswagen, Passat.  This official indicates that in accordance with Title 10, United States Code (USC) 2634 and the Joint Travel Regulations (JTFR) paragraph U5405, the applicant was authorized shipment of one POV to an outside CONUS permanent duty station (PDS).

6.  The AHRC official further indicated that the applicant initially chose to ship his Honda Odyssey to Hawaii at Government expense; however, shortly after his reassignment to Hawaii on 8 August 2006, he was deployed to Iraq on 
5 September 2006.  Prior to deploying to Iraq, the applicant sent his family back to CONUS and he stopped shipment of his Honda Odyssey to ensure his family had a POV back in CONUS.  The AHRC official further stated that granting this authorization will allow the applicant reimbursement up to the Government’s constructed cost for the expense he incurred in shipping the Passat.

7.  The applicant was provided a copy of the advisory opinion for his comments and/or rebuttal on 31 October 2006.  To date the applicant has not provided a response.

8.  Department of Defense, Financial Management Regulation, Chapter 5, 
Part E, Section 2B, provides the eligibility criteria for OCONUS POV Transportation.  It stats that one POV may be transported at Government expense when it is in the Government’s interest for the traveler to have POV use at the PDS.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that the authorization to ship his Honda Odyssey at Government expense be changed to his Volkswagen Passat has been carefully considered and found to have merit.  


2.  The evidence of record confirms that the applicant was authorized shipment of one POV to his new duty station in Hawaii, as reflected in Headquarters, 
Fort McPherson Orders 184-003, dated 3 June 2006.  It also shows he elected to ship his Honda Odyssey at Government expense and to ship a second POV (Volkswagen Passat) at his own expense.  Upon his arrival in Hawaii and prior to his deployment to Iraq, the applicant stopped shipment of his Honda Odyssey and incurred the cost associated with this action in order to allow his family to have adequate transportation at the CONUS location.  

3.  Given that the applicant was authorized shipment of one POV at Government expense and never used this authorization, it would be appropriate and serve the interest of equity and justice to correct his record to show he was authorized to change the POV authorized to be shipped at Government expense from his Honda Odyssey to his Volkswagen Passat, and by reimbursing him the cost of shipping his Volkswagen Passat up to the government constructed cost.

BOARD VOTE:

__TSK   _  __KCB__  __LMD__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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 to show he was authorized to change the POV he wanted to ship at the Government expense from his Honda Odyssey to his Volkswagen Passat and by reimbursing him the cost of shipping his Volkswagen Passat up to the Government constructed cost.




_____Ted S. Kanamine_____
          CHAIRPERSON


INDEX

CASE ID
AR20060012389
SUFFIX

RECON
NO
DATE BOARDED
2007/02/27
TYPE OF DISCHARGE
Active Duty
DATE OF DISCHARGE
NA
DISCHARGE AUTHORITY
NA
DISCHARGE REASON
NA
BOARD DECISION
GRANT
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.
128.0200
2.

3.

4.

5.

6.