IN THE CASE OF:
BOARD DATE: 19 February 2009
DOCKET NUMBER: AR20080015440
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 reimbursement of privately owned vehicle (POV) storage expense incurred during deployment.
2. The applicant states that she was not properly counseled regarding storage prior to her deployment.
3. The applicant provides a letter from the Office of the Deputy Chief of Staff,
G-4, deployment orders, receipt for payment of POV storage, and e-mails regarding denial of claim in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant's records show she entered the Regular Army on
2 December 1981. She completed basic combat and advanced individual training and was awarded the military occupational specialty of legal specialist. On 12 July 1985, the applicant was released from active duty and transferred to the Iowa Army National Guard. She enlisted in the Army Reserve on
28 March 1986 and has served continuously thereafter. The highest rank she attained while serving was sergeant first class/pay grade E-7.
2. The applicant provided U.S. Army Human Resource Command Orders Number A-10-626703, dated 20 October 2006 plus two amendments ordering her to active duty as an Army Reservist with duty in Qatar during the period
22 October 2006 through 11 November 2007. Her orders authorized storage of one POV during that period.
3. The applicant provided a notarized receipt which indicated that she had paid in full an amount of $1,800.00 for the storage of a POV belonging to her, for the period 11 November 2006 to 24 October 2007.
4. The applicant provided a letter from the Office of the Deputy Chief of Staff,
G-4 which was addressed to her U.S. Representative on the applicant's behalf, regarding an exception to policy for authorizing reimbursement of storage for her POV. The letter states that the Joint Federal Travel Regulations (JFTR), Volume 1 contain basic statutory regulations concerning a Uniformed Service member's travel and transportation allowances. The letter states in pertinent part that a [Service] member may be reimbursed for storing one POV at a commercial storage facility. It further states that a member who stores a POV at a non-commercial storage facility must not be reimbursed for the costs associated with the POV storage or transportation to/from a non-commercial storage facility. It states, that based on the circumstances of this case, there is no authorization to reimburse [the applicant] for $1,800.00.
5. JFTR, Volume 1, paragraph U5470, states in pertinent part that a member may be reimbursed for storing one POV at a commercial facility. Commercial facilities include facilities at which anyone may store a POV (i.e., not limited to the particular member or service members in general). A member who stores a POV at a non-commercial facility must not be reimbursed for the costs associated with the vehicle's storage or transportation to/from storage. (For example, storage in a private residence garage or on a private lot does not constitute storage at a commercial facility.)
6. During the processing of this case, a member of the Board staff contacted the point of contact for the Army Chief of Staff, G-4 regarding the appeal process following denial of a request for an exception by their office for this type of case. While verbiage in the JFTR, Volume 1 may at first appear to indicate there is an appeal process to the Department of Defense (DoD), the G-4 point of contact explained that it is an overarching process for DoD level policy issues, rather than an appeal process for individual claims. He also stated that following a HQDA, G-4 denial of a request for exception to pay such a claim, the applicant is informed that any further appeal should be addressed to the ABCMR. He indicated there is no regulatory option available for a Soldier to gain permission to use a private storage facility for storage of their POV during deployment, and that a Soldier could have contacted any transportation office, including one from another military Service for guidance on POV storage prior to deployment.
DISCUSSION AND CONCLUSIONS:
1. While, the applicant contends she was not provided adequate and accurate information or counseling regarding POV storage prior to her deployment, she has provided no evidence to support this contention.
2. However, the Comptroller General of the United States has ruled in similar cases that although a service member may have been misinformed about his or her entitlements, the Government is not liable for erroneous actions of its officers, agents, or employees in the performance of their official duties.
3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
4. In view of the foregoing, there is no basis to grant the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X___ ___X____ 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.
_______ _ 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) AR20080015440
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