IN THE CASE OF:
BOARD DATE: 9 September 2009
DOCKET NUMBER: AR20080020083
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, recoupment of his $1771.00 payment plus interest for 90 days of non-temporary storage (NTS) of household goods. He also requests interest beginning November 2008 due to the timeline required for processing of this record of proceedings.
2. The applicant states that during his separation from the Army he decided to execute a do-it-yourself (DITY) move, so he requested and was authorized 90 days of NTS in connection with his move. He also states that when he turned in the receipts to the same transportation office that authorized the NTS, he was told it was a mistake and he was no longer authorized the NTS.
3. The applicant provides the following documents in support of his application: a copy of Orders 074-0003, a copy of DD Form 2278 (Application for Do It Yourself Move and Counseling Checklist), and three copies of Self Storage Plus receipts in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicants military records show that as of 27 January 2009, the date his application was received by the Board, he was discharged from the Army and is residing in Arlington, Virginia.
2. On 1 July 2008, the applicant completed an application for a DITY move. Item 7i (Temporary Storage) of the DD Form 2278 shows that the applicant was authorized 90 days of NTS in conjunction with his DITY move.
3. The applicant submitted the following three receipts totaling $1,759.65 which show the transaction date, transaction total, and amount received for procured temporary storage for his household goods at the Self Storage Plus-Potomac Yards, Alexandria, VA:
a. 1 July 2008 $536.55 $536.55,
b. 1 August 2008 $616.55 $616.55, and
c. 1 September 2008 $616.55 $616.55.
4. In the processing of this case an advisory opinion was provided by the Headquarters, Department of the Army, Office of Deputy Chief of Staff, G-4, Acting Chief, Transportation Policy Division. The opinion stated the applicant was authorized up to 180 days of NTS in the vicinity of his last duty station of Fort Myer, VA, based on his separation orders in conjunction with the Joint Federal Travel Regulation (JFTR), paragraph U5360.B.1. JFTR, paragraph U5320.D.2, states that a member who personally arranges for transportation and/or NTS is authorized the actual cost of reimbursement not to exceed the government-constructed transportation and/or NTS cost. The requirement was met to provide certified weight tickets to the Henderson Hall Transportation Office. The Government-constructed cost from the Joint Personal Property Shipping Office-Washington Area, Fort Belvoir, VA, to procure NTS for 10,680 pounds would have exceeded the claimed amount of $1769.65. The advisory opinion recommended that the Defense Finance and Accounting Service (DFAS) reimburse the member for the self-procured storage.
6. The JFTR provides the procedures that govern the NTS of personal property.
Paragraph U5320.D.2 contains guidance on NTS. It states, in pertinent part, that a member who personally arranges for transportation or NTS is authorized the actual cost of reimbursement not to exceed the government-constructed transportation and/or the NTS cost.
DISCUSSION AND CONCLUSIONS:
1. By regulation, the applicant was authorized 90 days of NTS in conjunction with his DITY move. The evidence shows that if the applicant had allowed the government to procure NTS for him it would have exceeded the amount claimed.
2. The advisory opinion stated that the applicant was authorized NTS in accordance with his separation orders. It also states that the applicant provided the necessary documents to the Henderson Hall Transportation Office.
3. The applicant did not provide evidence that he has or will incur NTS interest charges in connection with the processing of his application. Furthermore, there is no provision to award payment for interest resulting from the processing of this case. Therefore, he is not entitled to reimbursement for interest charges incurred in connection with the processing of this record of proceedings.
4. In view of the foregoing, it would be appropriate and in the interest of justice to correct the applicant's records to show he was granted an approval letter to authorize reimbursement of self-procured storage of HHG in conjunction with a PPM/DITY move by the USMC Transportation Management Office, Henderson Hall, Arlington, VA.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
_____x___ ___x_____ ___x_____ 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 partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected show he was granted an approval letter to justify reimbursement of self-procured storage of HHG in conjunction with a PPM/DITY move by the USMC Transportation Management Office, Henderson Hall, Arlington, VA.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to the applicant's request for interest resulting from the processing of this record of proceedings.
___________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) AR20080020083
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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