IN THE CASE OF:	  

		BOARD DATE:	        3 September 2008

		DOCKET NUMBER:  AR20080006654 


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, in effect, reimbursement of expenses for shipping a privately owned vehicle (POV) or the travel for shipment of household goods (HHG) (sic).   

2.  The applicant states, in effect, that he was originally ordered to Fort Bragg, North Carolina, with temporary duty (TDY) en route at Fort Lee, Virginia.  He was diverted and assigned to Fort Lee.  He traveled to Fort Lee by air and shipped his POV.  He was later advised that he was not authorized shipment of a POV.  However, he contends his original orders stated he was entitled to shipment of his POV and HHG and "someone" told him he was authorized.   

3.  The applicant provides copies of his assignment orders; a copy of his travel voucher to Fort Lee from Defense Finance and Accounting Service (DFAS), dated 18 February 2005; a copy of his Army Training Requirements and Resources System (ATRRS) school date; a copy of his bill of lading for his POV; and a copy of his Officer Record Brief.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  At the time of application, the applicant was serving as a captain in the Regular Army.  He was subsequently honorably discharged on 15 June 2008 under the provisions of Army Regulation 600-8-24, paragraph 3-5, by reason of miscellaneous/general reasons. 

3.  On 5 August 2004, the applicant was ordered to active duty for 4 years at Fort Bragg, with TDY en route to Fort Lee to complete the Quartermaster Officer Basic Course.  His reporting date was 31 October 2004.  The applicant's home of record (HOR) was Woodland Park, California.

4.  A review of his assignment orders shows "Additional Instructions:  (g) Official travel arrangements purchased through a commercial travel office (travel agency) not under contract to the government is not reimbursable.  Travel by POV and TR is authorized….(i)  You are authorized shipment of HHG and dependents to permanent change of station in accordance with Joint Travel Regulations…."  These orders did not authorize shipment of his POV.  

5.  On 14 November 2004, the applicant shipped his POV through Dependable Auto Shippers, Inc., from Woodland Hills, CA to Fort Lee for a total of $773.00.  There is no evidence showing whether he shipped his HHG.

6.  On 20 December 2004, the applicant's orders were changed and he was diverted for an assignment at Fort Lee.  His reporting date was 16 March 2005.

7.  On 18 February 2005, the applicant completed a TDY voucher and DFAS paid him for his reimbursable expenses from 1 December 2004 – 31 January 2005.

8.  On 29 May 2008, an advisory opinion was obtained from the Chief, Compensation and Entitlements Division, Office of the Deputy Chief of Staff (ODCS), G-1, Washington, D.C., who recommended the ABCMR close this case.  Their records indicated that the applicant was issued a Government ticket for his travel to Fort Lee.  He shipped his POV at his own expense on 5 November 2004 prior to his orders being amended diverting his assignment from Fort Bragg to Fort Lee.  There was insufficient information in G-1 to furnish the ABCMR an opinion showing why the applicant was unable to drive his POV or whether it would be considered advantageous and cost-effective to the Government.
9.  On 3 June 2008, the applicant was provided with a copy of the advisory opinion for comment and/or rebuttal. 

10.  On 30 June 2008, the applicant responded to the advisory opinion.  He contends that shipment of his POV was cost effective because he did not need a taxi payment when he arrived at Fort Lee; that he would have claimed the mileage from Woodland Hills to Fort Lee (2600 miles) anyway; and because he was unable to drive his POV because in the middle of OBC his orders were changed.  He further contends that if he had gone to Fort Bragg as originally ordered, this would not have been a problem.  If he had been able to claim movement of HHG from his HOR to Fort Lee, this would not have been a problem.  He contends that he did not receive a dime for relocating across country.

11.  Title 10, U. S. Code, Section 2634 and JFTR (Joint Federal Travel Regulations), chapter 5, govern shipment of a POV.  There is no authority for a CONUS (continental United States) to CONUS POV transportation except as specifically authorized in paragraph U5415 (unable to drive the vehicle) or U5417 (advantageous and cost-effective to the Government).  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's issue regarding "travel for shipment of HHG" is unclear and a response will not be given at this time.  At a future date, if the applicant has a cogent issue regarding shipment of his HHG, he will have to submit another application specifically detailing his issue.

2.  The applicant's request was carefully considered; however, his contentions have no merit.  As noted by the ODCS, G-1, the applicant was issued a Government ticket for travel to Fort Lee which he apparently used because he did not ship his POV until 14 November 2004.  His assignment orders did not authorize shipment of his POV CONUS to CONUS; his orders authorized travel by POV only.  An individual cannot be paid for the same move by 2 different modes of transportation to one location.  The applicant had already received transportation costs in his Government issued airline ticket.  He cannot now claim that he is also entitled to transportation costs by POV.  He contends "someone" told him he was authorized, but he did not provide any evidence that he was entitled to CONUS to CONUS shipment of his POV.  Had he elected to travel by POV he could have received mileage reimbursement, but he elected to use a Government issued airline ticket. 


3.  Given the above, there is no basis upon which to grant the applicant's request.  In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant did not submit any evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__xxx___  __xxx___  __xxx___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.


															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.

ABCMR Record of Proceedings (cont)                                         AR20080006654



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ABCMR Record of Proceedings (cont)                                         AR20080006654



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