IN THE CASE OF:	 

		BOARD DATE:	  25 September 2008

		DOCKET NUMBER:  AR20080012266 


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, that his records be corrected to show he was authorized to move his household goods (HHG) on 15 May 2008 prior to the issuance of orders transferring him to the Temporary Disability Retired List (TDRL).

2.  The applicant states, in effect, that he was being scheduled for open skull surgery on or about 4 June 2008.  He states he wanted to move his HHG prior to his surgery so he would not have to move while recovering from surgery.  He states that by moving himself he saved the Army money by doing a self move.

3.  The applicant provides, in support of his application, copies of a letter from the U.S. Army Physical Disability Agency (USAPDA); three pages of records of medical care from Madigan Army Center; a listing of his medical appointments; a truck rental agreement, dated 15 may 2008; a cube sheet for determining constructed weight for household goods shipments; his letter, dated 24 June 2008, to the Joint Personal Property Shipping Office (JPPSO); his orders for separation; his travel claim, dated 11 July 2008; electronic mail (e-mail) from Headquarters, Department of the Army (HQDA) G-4; and his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of  27 August 2008.


CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he had previously completed 4 years active service in the U.S. Navy Reserve.  He entered active duty in the Regular Army on 8 April 1999.  His military occupational specialty was 74D (Chemical Operations Specialist).

2.  On 31 March 2008, a formal Physical Evaluation Board (PEB) determined the applicant was physically unfit due to asthma.  The formal PEB recommended a combined rating of 30 percent and that the applicant be placed on the TDRL with a reexamination during June 2009.

3.  A letter, dated 14 May 2008, from the USAPDA noted the applicant's disagreement with the findings of his PEB.  However, the USAPDA found the applicant's case was properly adjudicated by the PEB and that the findings and recommendations of the PEB were supported by substantial evidence.  Therefore, the decision of the PEB was affirmed by the USAPDA.

4.  On 15 May 2008, the applicant rented a truck for $35.00 to move his HHG.  A cube sheet for determining constructed weight for household goods shipments, dated 5 June 2008, shows the applicant's HHG's weighed 18,788 pounds.

5.  In a statement, dated 24 June 2008, the applicant states he was living on post awaiting orders for separation when he was notified he would need another surgery.  He further states he called JPPSO to schedule a move date, but was told that until he had orders nothing could be done for him.  He further states that because he knew he had to move anyway, he knew where they were moving to, and knowing that moving would be more difficult after surgery during his recuperation period, they decided to pack up and move themselves.

6.  Installation Management Command, Fort Lewis, Washington Orders
183-0020, dated 1 July 2008, released the applicant from assignment and duty effective 27 August 2008 because of physical disability incurred while entitled to basic pay and placed him on the TDRL on 28 August 2008.

7.  On 11 July 2008, the applicant filed a Travel Voucher or Subvoucher 
(DD Form 1351-2) for reimbursement of $35.00 for a truck rented on 15 May 2008 and his move on 15 May 2008. 

8.  E-mail, dated 16 July 2008, stated the applicant was not authorized reimbursement without the documentation required under Joint Federal Travel Regulation, paragraph U5330-G.  The e-mail further stated the transportation office could have advised the Soldier to request the statement required from his MPSC (Military Personnel Service Center).  

9.  Joint Federal Travel Regulation, paragraph U5130 (RETIREMENT, PLACEMENT ON TDRL, DISCHARGE WITH SEVERANCE OR SEPARATION PAY, OR INVOLUNTARY RELEASE FROM ACTIVE DUTY WITH READJUSTMENT OR SEPARATION PAY), Section A (General) provides that a member on active duty is authorized travel and transportation allowances to a home selected by the member from the last PDS (permanent duty station) when the member is retired for physical disability or placed on the TDRL (without regard to length of service).

10.  Joint Federal Travel Regulation, paragraph U5330 (FACTORS AFFECTING HHG TRANSPORTATION), Section G (HHG Transportation before an Authorization/Order Is Issued) provides that HHG transportation (before a PCS authorization/order is issued) is authorized if the request for transportation is supported by a statement from the PCS (permanent change of station) AO (Authorizing/Order-Issuing Official or Approving Official) or a designated representative that the member was advised before such an authorization/order was issued that it would be issued.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he was authorized to move his HHG from his on-post residence to his off-post residence based on his release from active duty to the TDRL.

2.  The applicant is authorized travel and transportation allowances to his home of selection based on his placement on the TDRL.

3.  Based on the decision of the applicant's formal PEB and the letter from the USPDA affirming that decision, there is no doubt he was advised that orders were forthcoming to release him from active duty and transferring him to the TDRL.  When the applicant contacted the JPPSO he should have been advised, at that time, he would be issued orders transferring him to the TDRL.

4.  Therefore, based on the fact that the applicant is entitled to travel and transportation allowances and was not properly advised by the JPPSO, it would be equitable to issue a statement indicating the applicant was advised, prior to issuance of orders, he would be issued orders placing him on the TDRL.



BOARD VOTE:

___X____  ____X___  __X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 issuing a statement, from the PCS AO or designated representative that the applicant was advised prior to the movement of his household goods and prior to issuance of orders that he would be issued orders transferring him to the TDRL.

2.  The Board also determined that the Defense Finance and Accounting Service (DFAS) pay the applicant any travel and transportation entitlements as a result of this correction.



      _________X_____________
       	   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)                                         AR20080012266



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ABCMR Record of Proceedings (cont)                                         AR20080012266



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