RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  3 April 2007
	DOCKET NUMBER:  AR20070000170 


	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. Yvonne Foskey

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, in effect, amendment of his permanent change of station (PCS) orders to show he was authorized movement of his dependents and household goods (HHG) to his home of record (HOR) vice Fort Hood, Texas, and then on to his next permanent duty station (PDS) after his deployment.  He further requests 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 orders to PCS to Fort Hood with a report date of 15 September 2006, and a deployment date of 23 October 2006.  He states that his orders authorized him to leave his family members at his previous duty station.  However, with no other means to provide for his family while he was deployed, he moved them to his HOR.  He also states that due to the short time-line in standing for his PCS to Fort Hood and the need to ensure his family was properly cared for prior to his deployment, he moved his family at his own expense resulting in a considerable cost to himself.  He now requests that his PCS orders be amended to authorize movement of his dependents to his HOR and then PCS to his next PDS after his deployment.

3.  The applicant provides United States Army Intelligence Center and 
Fort Huachuca, Fort Huachuca, Arizona, Orders Number 269-0023, dated 
26 September 2006, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the Regular Army and entered active duty 12 June 1997, and that he has continuously served on active duty through the present date.  At the time of his application to the Board, he was serving in Iraq, in the rank of sergeant (SGT).  

2.  United States Army Intelligence Center and Fort Huachuca, Fort Huachuca, Arizona, Orders Number 269-00023, dated 26 September 2006, directed the applicant's PCS to Fort Hood, Texas with a reporting date of 10 October 2006.  The Additional Instructions portion of the orders contains special instructions that state, in effect, that the applicant was authorized to either retain Government quarters or to relocate his family members to a designated location in the CONUS. 


3.  In connection with the processing of this case, an advisory opinion was obtained from the Department of the Army (DA), Chief, Compensation & Entitlements Division, Office of the Deputy Chief of Staff, G-1.  This official stated that the governing regulation provides no authority to move dependents to a CONUS HOR or designated location at Government expense when the Soldier is on PCS orders to a CONUS location (Fort Hood, Texas) because there are no CONUS unaccompanied tours.  However, this official determined that through no fault of the applicant, he was incorrectly led to believe by a statement in his PCS orders that he would be, at some time in the future, reimbursed for expenses he incurred for moving his dependents at personnel expense to his HOR.  Given the applicant moved his family members in good faith based on the information contained in his PCS orders, this DA official recommends the Army Board of Corrections to Military Records (ABCMR) grant authorization to the applicant for the following:  movement of dependents at Government expense (including authority for reimbursement of costs incurred by the applicant to pay for a move he already conducted at personnel expense not to exceed the Government's constructed cost for this move form his permanent duty station (PDS) of 
Fort Hood, Texas to his HOR; subsequent authorization after completion of his deployment for a move at Government expense from his HOR either back to his PDS or to his next PDS whichever is appropriate; and drawing BAH based on his HOR during his deployment.

4.  On 8 February 2007, the applicant was provided a copy of the DA advisory opinion in order to have the opportunity to respond.  To date, he has failed to reply. 

5.  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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant was reassigned to Fort Hood, Texas, with a reporting date in September 2006 for a scheduled deployment to Iraq in October 2006.  The PCS orders issued to him confirm his assignment to Fort Hood with no reference to his scheduled deployment to Iraq.  

2.  The PCS orders issued to the applicant do contain special instructions that indicate he was authorized to either retain Government quarters, or to ship his family members to a designated location in CONUS.  As a result, the applicant acting on the authorization contained in his orders and moved his family to his HOR.  

3.  Notwithstanding the pertinent regulations, it would be inequitable to deny the applicant an exception to policy to move his family to his HOR, to receive BAH for that location, and for authorization for movement of his family members subsequent to his deployment.  Therefore, it would be appropriate to grant the relief recommended in the DA G-1 advisory opinion. 

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 by showing he was authorized movement of dependents at Government expense (including authority for reimbursement of costs incurred by the applicant to pay for a move he already conducted at personnel expense not to exceed the Government's constructed cost for this move form his permanent duty station (PDS) of Fort Hood, Texas to his home of record; by showing that at the completion of his deployment, he is authorized a move at Government expense from his home of record either back to his permanent duty station or to his next permanent duty station, whichever is appropriate; and by authorizing him to receive basic allowance for housing based on his home of record during the period of his deployment.




_____John Infante________
          CHAIRPERSON

INDEX

CASE ID
AR20070000170
SUFFIX

RECON
N/A
DATE BOARDED
2007/04/03
TYPE OF DISCHARGE
N/A
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.
100
2.

3.

4.

5.

6.