IN THE CASE OF:	  

		BOARD DATE:	        3 February 2009

		DOCKET NUMBER:  AR20090000182 


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, full payment for the movement of her household goods (HHG) from on-post to off-post housing.

2.  The applicant states that she and her family moved from Indiana (IN) to Fort Huachuca, Arizona (AZ) in July 2008.  In August 2008, her husband was ordered barred from post.  Since she and her husband could not afford to pay for two households, she requested and received permission to move off post at government expense in order to reside with her husband.  She adds that on the day she moved, a weight ticket could not be obtained because the on-post scales were closed for the Labor Day weekend.  She further adds that she was told by the servicing transportation office that she should rent another truck, reload her HHG and get an accurate weight ticket of the items she moved.  She feels that reloading her HHG is an unacceptable burden and that she should have been fully paid even though she could not obtain a weight ticket.  She states a reasonable person would use the weight ticket filed for her July 2008 move from IN to AZ as a substitute for the weight ticket she was unable to obtain in August 2008.

3.  The applicant provides two memorandums, dated 26 August 2008, from her battalion and rear detachment commanders; a copy of the Bill of Lading (B/L NO. ZX-857768), dated 7 July 2008, for the commercially-contracted movement of her personal property from IN to AZ; and a copy of email exchange between her commander and the local transportation office, in support of her request.


CONSIDERATION OF EVIDENCE:

1.  The applicant’s records show she enlisted in the Regular Army for a period of 6 years at the Indianapolis, IN, Military Entrance Processing Station (MEPS) on 27 August 2007 and subsequently proceeded to Fort Jackson, South Carolina, where she completed basic combat training.  

2.  The applicant’s records further show she also completed advanced individual training at Fort Gordon, Georgia, and was awarded military occupational specialty (MOS) 25B (Information System Operator).  She was subsequently assigned to A Company, 86th Signal Battalion, 11th Signal Brigade, Fort Huachuca, AZ, effective 23 June 2008.

3.  On 10 June 2008, the applicant requested shipment of approximately 10,000 lbs. of HHG from Elkhart, IN, to her on-post government address at Fort Huachuca, AZ, and subsequently received her delivery on 14 July 2008.  She and her family settled in at her on-post address.

4.  For reasons unknown, the applicant’s husband was barred from post in August 2008.  By memorandum dated 26 August 2008, the applicant’s rear detachment commander requested approval of the applicant’s request to move HHG off-post at government expense.  The rear detachment commander further stated that the applicant’s spouse was barred from post and that the family would be moving off-post to avoid the financial hardship of supporting two households.  Her battalion commander recommended approval on the same date.  The request was approved by the garrison commander.

5.  The complete facts and circumstances surrounding the applicant’s move are not available for review with this case.  However, it appears the applicant, after being fully briefed, rented a truck, loaded her HHG, and completed a personally procured move (PPM) (formerly known as a Do-It-Yourself or DITY move).  It also appears that she did not get a weight ticket for her HHG as she was directed to do.  She was paid only for those items for which she had receipts (i.e., truck rental, packing materials). 

6.  In an email exchange between the applicant’s battalion commander and a supervisor at the Personal Property Shipping Office (PPSO), dated 5 December 2008, the battalion commander stated the applicant was a new Soldier who was unfamiliar with the moving process and that her unit was deployed at the time she conducted her PPM.  Given the circumstances, the battalion commander 

suggested the applicant receive full payment without a weight ticket.  The PPSO supervisor responded that Headquarters, Department of the Army (HQDA) policy mandated no incentive payment would be authorized without a weight ticket.  

7.  Army Regulation 55-71 (Transportation of Personal Property) provides policy and procedures for the PPM method of moving personal property.  It states, in pertinent part, that the PPM program is offered to military members as an alternative method of moving their HHG in which they can earn a monetary incentive payment up to 95 percent the Government Constructive Cost (GCC) or of what it would have cost the government to move the authorized or actual HHG weight commercially.  

8.  Normally, when a Soldier makes a Permanent Change of Station (PCS) move, the government contracts a commercial carrier to pack, load, ship and unload the members household goods.  However, Soldiers have the option to execute a Personally Procured Transportation Move.  When a Soldier selects the personally procured move option, it allows the member to personally move HHG and collect an incentive payment from the government.  The option is available for most types of orders including PCS, temporary duty (TDY), separation or retirement, or assignment to, from, or between Government quarters.  Soldiers may use this option to move all or a portion of their authorized weight allowance and can receive up to 95% of the Government Constructive Cost if they move themselves.  

9.  The advantage of a PPM for Soldiers occurs when they can move their goods more cheaply than the government, since the government will pay the same amount regardless of how much the Soldier spends on the move.  To get started with a PPM/DITY move, a Soldier visits the local Traffic Management Office (TMO) or Joint Personal Property Shipping Office (JPPSO) or the Personal Property Shipping Office (PPSO) or equivalent.  On some installations, they may still be routinely called the Transportation Office or the Personal Property Office.  Regardless of their local name, they are an essential part of any government move.  A Soldier must visit this office to arrange a move before departing.  A Soldier may not skip this step.  The TMO/JPPSO/PPSO counsels and provides the Soldier with the forms that must be submitted at destination to receive reimbursement from the government.  They will also brief the Soldier on the other items that he/she must provide the government, including weight tickets and receipts for moving expenses.   The TMO/JPPSO/PPSO can give Soldiers an 

estimate of their reimbursement based on the weight of their goods, but the 
Soldier has the responsibility to provide an accurate weight ticket.  The PPM program offers three options: 

	a.  Privately owned vehicle (POV) can be used to execute a Soldier’s move. In such case, empty and full certified weight tickets are required;

	b.  Rental vehicles can also be used.  The Soldier procures the rental equipment and the accessories and performs all the labor.  Sources of rental equipment must be bona-fide rental vendors such as RYDER, U-HAUL, etc.  As in the case of a POV, empty and full certified weight tickets are required; and

	c.  Commercial vendors may be used.  The Soldier makes direct contact with commercial carriers vice rental contractors.  Incentives for this type of move are authorized under public law, and will be calculated on the same basis as a PPM by rental vehicle or POV.  Again, empty and full certified weight tickets are required. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that she should be fully paid for her local PPM move from on post to off post housing, as directed by the installation commander.

2.  The full facts and circumstances surrounding the applicant’s move are not available for review with this case.  However, the applicant was given permission to make a PPM move at government expense.  It appears that she was counseled by the local transportation office regarding the requirements of performing this move and receiving a portion of the Government Constructive Cost.  Furthermore, because it was a holiday weekend and the on-post scales were closed, it appears that the applicant failed to obtain the required weight ticket of the actual weight of her HHGs or items she moved.  

3.  When the applicant presented the local transportation office with the paperwork and receipts for her PPM move, there were no weight tickets for her HHG.  The transportation office, therefore, would not pay her the Government Constructive Cost, choosing instead to reimburse only those expenses for which she had receipts.  After the applicant’s chain of command intervened on her behalf, the transportation office allowed if she would reload her HHG and weight 

them out, they would accept that weight as the actual weight of the PPM move and pay the Government Constructive Costs based on that weight.

4.  The applicant was new to the Army and only a Private First Class, her unit was deployed, and her husband was barred from post and could not help her with the move.  Unfortunately, she chose the Labor Day holiday weekend to 
accomplish the move and the on-post scales were not open, thus she was unable to weight her HHG.  Given these circumstances, her error is understandable. 

5.  The transportation office solution of reloading her HHG in order to get an accurate weight is unrealistic and unduly burdens the applicant.  Furthermore, since she moved her HHG at government expense just one month prior to conducting her PPM, it is reasonable to assume she moved the same weight during her PPM.  It would therefore be reasonable to accept the weight from B/L NO. ZX-857768 as the actual weight of her HHG during her PPM move

6.  As a matter of equity, the applicant should be granted relief in the form of full payment of the Government Constructive Cost of her local HHG move from on post to off post housing based the B/L NO. ZX-857768 net weight (10,000 lbs.).

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.  Accepting the net weight of B/L NO. ZX-857768 as the net weight of her PPM HHG move; and


	b.  Paying to her the appropriate Government Constructive Cost based her movement of 10,000 lbs after, first deducting any reimbursements already made. 


															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)                                         AR20090000182



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ABCMR Record of Proceedings (cont)                                         AR20090000182



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