IN THE CASE OF:
BOARD DATE: 03 June 2008
DOCKET NUMBER: AR20080000172
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that he be issued orders authorizing him a Full Cost cost permanent change of station (PCS) move from Wuerzburg to Grafenwöehr, Germany as was actually intended.
2. The applicant states that he received two orders authorizing a No Cost Move from Wuerzburg to Grafenwöehr and did not receive the proper DLA (Dislocation Allowance) entitlements he should have received if a full cost move had been executed.
3. The applicant provides copies of his PCS orders and a copy of his approved command sponsorship.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 11 March 2002 for a period of 4 years, training as a chemical operation specialist, assignment to Europe, and the Army College Fund.
2. He completed his training and was transferred to Germany for assignment to an aviation unit in Wuerzburg, Germany. He was promoted to the pay grade of E-5 on 1 September 2005.
3. On 22 December 2005, the applicant reenlisted for a period of 3 years, a selective reenlistment bonus, and stabilization in his unit of assignment.
4. On 9 November 2006, the applicants request for command sponsorship was approved and his tour was changed from an all others tour to a with dependents tour.
5. On 19 April 2007, Orders 109-401, published by the Installation Management Command, United States Army Garrison, Schweinfurt, directed the PCS of the applicant to a chemical unit in Grafenwöehr, Germany, with a reporting date of no later than (NLT) 15 June 2007. The orders specified that the total entitlements associated with this PCS move could not exceed $1,000.
6. On 14 May 2007, Orders 134-401, published by the same command, amended the PCS orders to read a reporting date of NLT 15 August 2007.
7. In the processing of this case a staff advisory opinion was obtained from the Office of the Deputy Chief of Staff, G1, Compensation and Entitlements Division, which recommends that the applicants two PCS orders be revoked and that new orders be issued authorizing the applicant a full cost PCS from Wurzburg to Grafenwöehr, Germany, effective 15 August 2007, with entitlement to travel and transportation allowances to his new duty station and authorized movement of his family members. Additionally, the orders should state that overseas housing allowance (OHA) is allowed if residing off post and OCONUS cost of living allowance (COLA) are effective the date he signed in at Grafenwöehr. The advisory opinion was provided to the applicant for comment; however, to date no response has been received by the staff of the Board.
DISCUSSION AND CONCLUSIONS:
1. Inasmuch as the applicant was serving on a command sponsored with dependents tour at the time he received PCS orders from Wurzburg to Grafenwöehr, it was not reasonable to expect the applicant to move his household good and family members approximately 150 miles to his new duty station without the benefit of full PCS entitlements or to expect him to bear any costs associated with a directed PCS move.
2. Accordingly, it would be in the interest of justice in this case to revoke his previously issued PCS orders and amendment, and to issue new PCS orders authorizing the applicant a full cost PCS move from Wurzburg to Grafenwöehr, Germany, with entitlement to household good shipment and travel of his family members. Authorization will include entitlement to OHA if living off post and COLA entitlements for his new duty station effective the date he originally signed in at his new duty station.
BOARD VOTE:
__XXX __ __XXX__ __XXX__ 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 revoking Orders 109-401 dated 19 April 2007 and Orders 134-401 dated 14 May 2007 and by issuing full cost PCS move orders to the applicant transferring him from Wurzburg to Grafenwöehr, Germany with entitlement to shipment of household goods and movement of family members, entitlement to OHA if living off post, and entitlement to COLA for his new duty station effective the date he originally signed in at his new duty station.
___ XXX ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
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