IN THE CASE OF:	  

		BOARD DATE: 	        28 May 2009

		DOCKET NUMBER:  AR20080017435 


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 he be reimbursed for his wife's relocation to North Carolina.  

2.  The applicant states, in effect, that while assigned to the 1st Special Forces Group in Germany, he submitted a request (DA Form 4187 (Personnel Action)) to curtail his date eligible for return from overseas (DEROS) with relocation to Fort Bragg, North Carolina.  This request was approved; however, he was later informed that he would not be leaving until 2008.  He claims his wife had already quit her job in New York and was starting a new position in North Carolina because that is where the Army said he could relocate to.  He states that the end state is that his wife would have moved to North Carolina from New York whether the move occurred last year or this year and the cost would be the same.  He does not understand why this is such a problem because he has all his receipts and the first time he submitted the documents to the Transportation Office, the manager indicated it would not be a problem.  

3.  The applicant provides a self-authored statement and receipts for his wife's move in support of his application.  

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows he was serving as a staff sergeant (SSG) on active duty at Fort Bragg as of the date of his application to the Board.  

2.  The applicant's record contains Headquarters, U.S. Army Garrison, Stuttgart, Orders 079-102, dated 19 March 2008, which authorized him to proceed on a permanent change of station (PCS) move to Fort Bragg.  His availability date was established as 29 August 2008.  These orders authorized the movement of household goods (HHG) and privately owned vehicle (POV) at the without dependent rate.

3.  The applicant's record is void of an approved curtailment request or orders that provided authorization for an earlier movement of his family members.  

4.  In connection with the processing of this case, an advisory opinion was obtained from the Deputy Chief of Staff, G-1, Chief, Compensation and Entitlements Division.  This advisory official states that after carefully reviewing the facts surrounding the applicant's case, he recommends the Board close the case without action.  He states that the applicant will have to absorb the cost of the move he conducted in 2007.  He states that the applicant was expecting to be permanently reassigned from Germany to Fort Bragg via a curtailment in the summer of 2007.  However, this curtailment was ultimately disapproved at some level and his 2007 PCS orders were revoked and he did not PCS until 2008.  He states that the applicant does not have a copy of 2007 PCS orders.  However, in preparation for his PCS in the summer of 2007, the applicant paid to move his spouse from New York to North Carolina in May 2007, and he is now seeking reimbursement for this move.  This official states that PCS orders establish the authority for PCS allowances and without PCS orders any move executed by a Soldier is at the Soldier's cost.  As a result, the applicant will have to absorb the cost for the May 2007 move.  However, their office is open to relooking the case if the applicant can provide a copy of 2007 PCS orders, which could substantiate his claim that he was executing valid PCS orders when he moved his wife from New York to North Carolina and allow for reimbursement. 

5.  On 10 March 2009, the applicant was provided a copy of the G-1 advisory opinion for information and to allow the applicant the opportunity to respond to submit comments or a rebuttal.  To date, he has failed to reply.  

6.  The Joint Federal Travel Regulation (JFTR) provides the policies for per diem, travel and transportation allowances, and certain other allowances of Uniformed Service Active Duty and Reserve Component members.  Chapter 5 contains the policies on PCS transportation and travel allowances.  Paragraph U5012 contains guidance on PCS allowances and states that PCS allowances are authorized when a member must travel under orders.  The regulation stipulates, in effect, that PCS authorization orders are required to obtain travel and transportation authorization and/or reimbursement. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should be reimbursed for the travel of his spouse from New York to North Carolina was carefully considered.  However, there is insufficient evidence to support this claim.  

2.  By regulation, in order to be authorized to implement or be reimbursed for PCS travel and transportation, PCS authorization orders must have been published directing the PCS move.  

3.  The applicant's claim that his curtailment and reassignment to Fort Bragg was approved in 2007, and that this was the basis for his wife moving from New York to North Carolina, is not supported by the evidence of record or the independent evidence he provides.  His Official Military Personnel File (OMPF) is void of an approved curtailment or of PCS authorization orders for his PCS to Fort Bragg prior to the publication of his PCS authorization orders on 19 March 2008.  There are no orders or other documents on file in the OMPF or provided by the applicant that confirm his PCS was authorized prior to this date.  

4.  Absent any orders or other documents approving or directing the applicant's PCS, the travel and transportation of goods by the applicant's spouse in May 2007 was not based on authorizing orders.  As a result, reimbursement is not authorized by the governing regulation, as confirmed by the G-1 advisory opinion.  Therefore, absent PCS authorization orders for the earlier move, there is an insufficient evidentiary basis to grant the requested relief.   

5.  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.  

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)                                         AR20080017435



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ABCMR Record of Proceedings (cont)                                         AR20080017435



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