IN THE CASE OF:	  

		BOARD DATE:	       18 NOVEMBER 2008

		DOCKET NUMBER:  AR20080013683 


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 cancellation of indebtedness that resulted from exceeding authorized weight allowance for shipment of her household goods (HHG) from Fort Hood, Texas (TX) to Fort Myer, Virginia (VA).

2.  The applicant states, in effect, that subsequent to receipt of her permanent change of station (PCS) orders on 3 July 2007, she completed the paperwork for shipment of HHG and was informed by the transportation counselor that she would be able to combine the authorized weight allowance for her grade with that of her husband’s, a sergeant first class (SFC), who had retired on 31 December 2005 and was authorized up to one year to complete selection of a home and shipment of HHG.  She adds that her husband, the retired SFC, submitted requests on 18 March 2006 and 28 December 2006 for extension of his entitlement for shipment of HHG through 2006 and 2007 respectively.  This was all done prior to her reassignment from Fort Hood to Fort Myer.  She further adds that although her husband did not receive approval of his HHG shipment extensions, she and her husband were assured that both her permanent change of station orders and his retirement orders would be used to authorize a combined shipment.  She concludes that shortly after arrival at Fort Myer she received a letter from the Defense Finance and Accounting Service (DFAS) advising her that she was indebted to the United States Government in the amount of $3,246.86 for exceeding the authorized HHG shipment weight for her rank as a chief warrant officer two (CW2).



3.  The applicant provides the following additional documentary evidence in support of her application:

	a.  Three letters, dated 18 March 2006, 28 December 2006, and 24 June 2008, from the applicant’s husband to the Joint Personnel Property Shipping Office (JPPSO), Colorado Springs, Colorado (CO).

	b.  DFAS letter of indebtedness, dated 5 June 2008;

	c.  Government Bill of Lading, dated 17 July 2007;

	d.  DD Form 1299 (Application for Shipment and/or Storage of Personal Property), dated 11 July 2007;

	e.  Headquarters, III Corps and Fort Hood, Orders L184-002, dated 3 July 2007; and

	f.  Headquarters, U.S. Army Garrison, Fort Carson, CO, Retirement Orders 116-0023, dated 26 April 2005.

4.  On 5 November 2008, the applicant submitted a statement, dated 4 November 2008, authored by her husband requesting reinstatement of his entitlement to shipment of HHG and concurring with the applicant's request.

CONSIDERATION OF EVIDENCE:

1.  With prior enlisted service, the applicant was appointed as a warrant officer in the Adjutant General Corps of the United States Army Reserve (USAR) and executed an oath of office on 20 January 2005.  She was subsequently assigned to Headquarters and Headquarters Company, Aviation Brigade, 4th Infantry Division, Fort Hood.

2.  On 26 April 2005, Headquarters, U.S. Army Garrison, Fort Carson, published Orders 116-0023, announcing the retirement of the applicant’s husband, an SFC, effective 31 December 2005.  The orders further notified the SFC that he was authorized up to one year to complete selection of a home and complete travel in connection with this action and that he should contact JPPSO for making HHG shipment arrangements.

3.  The applicant was promoted to CW2 on 20 January 2007.

4.  On 3 July 2007, Headquarters, III Corps and Fort Hood, published orders L184-002, directing the applicant's reassignment from Fort Hood to Fort Myer, effective 10 August 2007.

5.  On 11 July 2007, the applicant visited the Transportation Office, Fort Hood and was counseled on the maximum authorized weight for her grade (13,500 pounds) in accordance with the Joint Federal Travel Regulation (JFTR).  Subsequent to her counseling by a transportation officer, a DD Form 1299 was prepared.

6.  Item 7a(1) (Pounds [household goods]) of the DD Form 1299 shows the entry "WD 10500," indicating that the applicant estimated the weight of her HHG at 10,500 pounds.  The applicant elected 25 July 2007 as the scheduled origin HHG pick up date and 6 August 2007 as scheduled destination delivery date.

7.  On 17 July 2007, a U.S. Government Bill of Lading was initiated and showed the applicant’s shipment was tendered to Avan Van Lines, LLC.

8.  The applicant’s records show that the moving company picked up and delivered a net weight of 15,930 pounds, which equates to 2,430 pounds in excess of the 13,500 pounds of authorized weight allowed for her grade.

9.  On 5 June 2008, DFAS-Fort Belvoir, VA, notified the applicant that she was indebted to the United States Government in the amount of $3,246.86 for exceeding the authorized HHG shipment entitlement by 2,430 pounds.

10.  There is no indication in the applicant’s records that she submitted an application to DFAS for cancellation of her debt in accordance with Army Regulation 600-4 (Remission or Cancellation of Indebtedness) which has been revised to eliminate all references to enlisted Soldiers only and was expanded to include officers and warrant officers.

11.  The applicant submitted copies of three letters, submitted by her husband to the JPPSO-Colorado Springs as follows:

	a.  In his letter, dated 18 March 2006, the applicant’s husband requested an extension of his HHG shipment entitlements through December 2006 by reason of his marriage to an active duty spouse (the applicant) who was stationed at Fort Hood with no scheduled PCS move at that time.



	b.  In his letter, dated 28 December 2006, the applicant’s husband requested an extension of his HHG shipment entitlements through December 2007.

	c.  In his letter, dated 24 June 2008, the applicant requested reinstatement of his entitlements to shipment of HHG based on his retirement orders.  He further stated that he and his spouse were, in effect, not properly counseled by the Fort Hood transportation officer who led them to believe that both weight allowances would be combined to ship their HHG to Fort Myer.

12.  There is no indication that the applicant’s husband received an approval of an extension of his HHG shipment entitlements.

13.  The applicant submitted a statement, dated 4 November 2008, by her husband requesting reinstatement of his entitlement to shipment of HHG and concurring with the applicant's request.

14.  In the processing of this case, on 8 October 2008 an advisory opinion was obtained from the Director of Force Projection and Distribution, Office of the Deputy Chief of Staff, G-4, Washington, DC.  The Director states that under the provisions of paragraph U5365-F of the JFTR an extension of the transportation entitlements of the applicant’s husband is warranted.  As a result of the extension an additional 13,000 pounds of HHG would be authorized under the husband’s retirement orders.  The total HHG transportation weight allowance would, therefore, be 26,500 pounds.  The Director further recommends the Board direct the DFAS documentation for excess weight for the transportation of HHG for the applicant under the applicable Bill of Lading include the authorized weight allowance of her husband.  However, the Director states that a Bill of Lading Correction Notice to include the applicant’s husband in Item 10 of the applicable Bill of Lading is not authorized.

15.  On 9 October 2008, the applicant was provided with a copy of this advisory opinion and on 11 October 2008 she concurred.

16.  Section U5300 of the JFTR prescribes PCS and non-temporary storage (NTS) of HHG transportation entitlements including those in unusual or emergency circumstances.  The PCS and NTS Weight Allowance table shows that a CW2 with dependents is authorized 13,000 pounds and an SFC with dependents is authorized 13,000 pounds.




17.  Volume 1 (Uniformed Service Personnel) of the JFTR contains basic statutory regulations concerning official travel and transportation of members of the Uniformed Services.  Paragraphs U5130, U5230, and U5365-F contain the policy and procedures pertaining to the shipment of HHG to a permanent duty station (PDS) by uniformed service personnel upon retirement.  In effect, these paragraphs authorize a member travel and transportation allowances to a PDS 
selected by the member from his last PDS upon retirement.  They state, in pertinent part, that a member on active duty is entitled to travel and transportation allowances to a home selected by the member from the last PDS upon retirement.  They also establish time limitations for shipment of HHG and state, in pertinent part, that travel must be completed within 1 year from the active service termination date.

18.  Extension provisions to the 1-year time limit are also provided for deserving cases under the Secretarial Process.  This process allows for extensions based on an unexpected event beyond the member's control that prevents movement to a PDS within the specified time limit.  An extension of the time limit may be authorized by the Secretarial Process if it's in the best interest of the service, or substantially to the benefit of the member, and not costly or otherwise adverse to the service.  These extensions are approved for the specific period of time that the member anticipates is needed to complete the move and if additional time is required, the member may request a further extension.  Paragraph U5012-I of Volume 1 of the JFTR provides the policy on restrictions to time limit extensions and states, in pertinent part, that a written time limit extension that includes an explanation of the circumstances justifying the extension may be approved for a specific additional time period using the Secretarial Process.  However, extensions under this process will not be authorized if it extends travel and transportation allowances for more than 6 years from the separation/retirement date.  These JFTR provisions and time limitations for the shipment of HHG were also in effect at the time of the applicant’s retirement.

19.  Army Regulation 600-4 outlines the policies and guidance for remission or cancellation of indebtedness to the U.S. Army for enlisted members.  It allows all Active Army Soldiers and those in the Active Guard/Reserve Program (AGR) to submit an application for remission or cancellation of indebtedness to the U.S. Army.  Paragraph 1-12 states, in pertinent part, that the factors to be considered in determining whether an injustice or hardship exists are:  (1) The Army's policy in the area of indebtedness to the U.S. Army; (2) The Soldier's awareness of policy and procedures; (3) Past or present military occupational specialty (MOS), rank, years of service, and prior experience; (4) The Soldier's monthly income and expenses; (5) The Soldier's contribution to the indebtedness to the U.S. 

Army by not having the situation corrected; and (6) Additional income or assets. Paragraph 1-13 of Army Regulation 600-4 also stipulates that the application for remission and/or cancellation of debt must show, inter alia, that the applicant inquired of a proper authority and was told that the payment was correct.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that at the time she received her PCS orders, the applicant reported to the transportation office at Fort Hood and informed the transportation officer that she was married to an SFC who had been recently retired, but had not used his HHG shipment entitlements.  She was advised that the authorized weight allowance for her grade would be combined with that of her retired husband to determine their combined weight allowance and that they were "good to go."

2.  The evidence of record further shows that the applicant’s husband submitted two requests for extension of his HHG shipment entitlements, by reason of his spouse’s (the applicant) assignment at Fort Hood.  However, there is no indication or evidence that his requests were ever acted upon.

3.  It appears that the applicant and her husband, in good faith, relied on the advice of the transportation officer and proceeded with shipment of HHG under the assumption that the husband’s request for extension of HHG shipment entitlements was approved and that the combined weight would be used.

4.  The applicant's husband does not have an active case at the ABCMR.  However, the applicant submitted a letter authored by her husband on 28 June 2008 and addressed to JPPSO-Colorado Springs, requesting reinstatement of entitlement of shipment of HHG based on his retirement orders.  His request appears to be reasonable and is in the best interest of the Army, the applicant, and himself.  She also submitted a second statement by her husband, dated 4 November 2008, requesting reinstatement of his entitlement to shipment of HHG and concurring with the applicant's request.

5.  In view of the G-4's directive not to change the Government Bill of Lading, it seems appropriate to approve the husband's request for extension and reinstatement of his HHG shipment entitlements through 31 December 2007.  This would, in effect, authorize the applicant and her husband, as a dual military family, to use the approved extension to combine her husband's authorized weight with hers and result in a maximum authorized weight of 26,500 pounds.



BOARD VOTE:

____X____  _____X___  ___X_____  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:

	a.  showing the applicant's husband requested and received approval for an extension of his retirement transportation entitlements through 31 December 2007; and

	b.  correction of the applicant's records to show she used the approved and reinstated extension to combine her weight allowance with that of her husband's to ship up to 26,500 pounds of HHG.



      _________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)                                         AR20080013683



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ABCMR Record of Proceedings (cont)                                         AR20080013683



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