RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        3 April 2007
      DOCKET NUMBER:  AR20060017537


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Ms. Judy L. Blanchard             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John Infante                  |     |Chairperson          |
|     |Ms. Susan A. Powers               |     |Member               |
|     |Mr. Qawiy A. Sabree               |     |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 amendment of his permanent change of station
(PCS) orders:

      a.  to authorize movement of his dependents and household goods (HHG)
to his home of record (HOR) instead of Fort Hood, Texas, and then on to his
next permanent duty station (PDS) after his deployment; and

      b.  to permit receipt of basic allowance for housing (BAH) at the
rate specified for his HOR location.

2.  The applicant states, in effect, that he was given PCS orders to Fort
Hood to rapidly deploy with Task Force ODIN.  He was at a school at Fort
Huachuca, AZ when he received orders and he was not given a follow on
assignment once he completed the deployment.  His Aviation Branch
assignment officer informed him there was "no intention" of keeping him at
Fort Hood following his deployment and that he would be given a follow-on
assignment of choice.  The Aviation Branch manager told him to "do what you
have to do" concerning movement of dependents and HHG and an exception to
policy would be worked out after the fact.

3.  The applicant provides a copy of his PCS orders and a memorandum from
his unit commander in Iraq.  Additionally, the Army Review Boards Agency
received a 15 March 2007 memorandum from the Chief, Aviation Branch, US
Army Human Resources Command (HRC), Alexandria, VA.

CONSIDERATION OF EVIDENCE:

1.  The applicant is a captain on active duty.

2.  Orders 221-00005, Department of the Army (DA), U.S. Army Intelligence
Center and Fort Huachuca, dated 9 August 2006, ordered the applicant to
proceed on PCS to Fort Hood with a reporting date of 15 September 2006.
The orders provided the following additional instructions:

      a.  Movement of dependents was authorized;

      b.  "If you ship personal property at Government expense, contact the
Transportation Office at your new duty station immediately after arrival to
arrange for delivery;"

      c.  "You are required to report to the Family Housing/Housing
Referral Office serving your new duty station before you make housing
arrangements for renting, leasing, or purchasing any off-post housing;"

      d.  "Report to Building 61820, Davis Hall, Room 149 (back entrance),
with 14 copies of your PCS orders within 5 days of receipt to arrange for
transportation appointments;" and

      e.  "When a commercial travel office CTO (sic) is available but the
traveler arranges transportation through a non contract travel agent or
common carrier direct purchase, reimbursement is limited to the amount the
Government would have paid if the arrangements had been made directly
through a CTO."

3.  The applicant provided a memorandum from his commander at Headquarters,
Task Force ODIN, Contingency Operating Base (COB) Speicher, Iraq, dated
17 November 2006, summarizing the events of the applicant's move.  The
applicant was relocated from an overseas accompanied tour to Fort Huachuca
to attend the Military Intelligence Captain's Career Course.  He was pulled
from the course after only four months for a rapid deployment with Aviation
Task Force ODIN in support of the Global War on Terrorism.  The applicant
was instructed by Aviation Branch, HRC-Alexandria, that he would be
authorized to move his dependents and HHG to his HOR during his deployment
and that he would receive BAH for the HOR location.

4.  According to the unit commander, the applicant was issued basic PCS
orders to Fort Hood with no special instructions for dependents and no
follow-on assignment.  However, Aviation Branch told him that there was no
intention of keeping him at Fort Hood following his deployment, and he
would be given an assignment of his choice.  He would receive follow on
orders once he was deployed in-theater and that an exception to policy
would be processed to take care of moving his dependents to his HOR instead
of Fort Hood.  He moved from Fort Huachuca to his HOR in good faith,
incurring significant expenses to initiate the move due to the compressed
timeline.  Only when he was en route to his HOR did the Aviation Branch
Manager inform him that he was only entitled to move his family and HHGs to
Fort Hood or to leave his family at Fort Huachuca.

5.  The unit commander provided a spread sheet showing the expenses the
applicant incurred in moving his dependents and HHG to his HOR in Winter
Park Florida, and the BAH difference between that location and Fort Hood.

6.  There is no evidence the applicant ever contacted the Transportation
Office at Fort Huachuca or Fort Hood.  The applicant also did not include
evidence of actual expenses incurred in the move of his dependents and HHG
to Florida.

7.  In processing this case, an advisory opinion was obtained from DA,
Chief, Compensation and Entitlements Division, Office of the Deputy Chief
of Staff, G-1, Washington, D.C., who recommends approval of the applicant's
request because he was incorrectly led to believe by his assignment manager
that he would be reimbursed for moving his dependents at personal expense
to his HOR.

8.  On 11 January 2007, the applicant was provided with a copy of the
advisory opinion for review and rebuttal.

9.  On 20 February 2007, the applicant concurred with the advisory opinion
and indicated that he wants the authority to draw BAH based on his HOR
during his deployment and until reassigned to his next duty station.

10.  Joint Federal Travel Regulations (JFTR), paragraph U5222-C,
stipulates, in pertinent part, that a member, ordered to make a PCS with
temporary duty (TDY) en route, or while on TDY is ordered to make a PCS
without return to the old PDS, is authorized HHG transportation to the new
PDS.  It also allows movement of dependents at Government expense to a
CONUS (continental U.S.) location when a member is ordered to serve on an
overseas unaccompanied tour.  When ordered on a PCS, the member is only
allowed to move his dependents at Government expense to the new PCS
location.

11.  The 15 March 2007 memorandum from the Chief, Aviation Branch to this
Board stated that the Chief authorized the applicant to move his family to
his HOR instead of Fort Hood because he (the Chief) was certain an
exception to policy would be granted.  The applicant moved on the word of
the Chief, Aviation Branch and later the chief was notified that an
exception to policy would not be granted.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was attending a military school at Fort Huachuca when, on
9 August 2006, he was ordered on a PCS to Fort Hood with a reporting date
of 15 September 2006.

2.  A review of the applicant's orders shows that they are normal PCS
orders.  There is no evidence that his move was a TDY move to Fort Hood
with follow on at another location.  Additional instructions, paragraph
(g), specifically directed the applicant to report to a specific location
to make transportation arrangements.

3.  The applicant was given a verbal assurance from the Chief, Aviation
Branch that he could move his family and household to Winter Park, FL – his
HOR – instead of leaving them at Fort Huachuca, or moving them to Fort
Hood.  Given the exigency of the situation, the applicant acted on that
verbal assurance and moved his family to Florida, incurring expenses beyond
those for a move to Fort Hood.

4.  The applicant is currently deployed in Iraq as a member of Task Force
ODIN. Notwithstanding the applicant's orders and pertinent regulations, it
would be inequitable to deny him an exception to policy to move from Fort
Huachuca to Winter Park, FL.  The G-1 advisory opinion concurs in this line
of reasoning.

5.  In the interest of justice and equity, it would be proper to correct
the applicant's records as directed below.















BOARD VOTE:

___JI ___  ___SAP_  ___QAS _  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 that he was granted an exception to policy allowing him to ship
dependents and HHG to Winter Park, FL, and from Winter Park, FL to his next
permanent duty station, and the payment of BAH at the Winter Park, FL rate.




                                      ___John Infante_____
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR                                      |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/04/03                              |
|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. Schwartz                            |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]