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ARMY | BCMR | CY2009 | 20090005076
Original file (20090005076.txt) Auto-classification: Denied

		IN THE CASE OF:	

		BOARD DATE:	  2 February 2010

		DOCKET NUMBER:  AR20090005076 


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 she be reimbursed for a personally procured move (PPM), also known as a Do-It-Yourself (DITY) move, of her household goods (HHG). 

2.  The applicant states, in effect, she hired a private company to move her because she had to move on short notice and could only find the company she used to do the move on such short notice.  She claims the Army told her it was okay to hire the company she used, but she would have to pay the total cost up-front and be reimbursed for the move later. 

3.  The applicant provides a letter from the Joint Personal Property Shipping Office (JPPSO), a travel voucher, and a moving company invoice in support of the application.

CONSIDERATION OF EVIDENCE:

1.  The applicant entered active duty in May 2002 as a Dental Corps officer and was assigned to Fort Lewis, Washington.  She was placed on the Temporary Disability Retirement List (TDRL) on 11 February 2006.

2.  The applicant provides an invoice which shows she contracted with a moving company to have her HHG moved and a pick up date of 27 June 2008 was established.  The cost for the move was $4,174.50.

3.  During the processing of this case, an advisory opinion was obtained from the Office of the Deputy Chief of Staff, G-4, Chief Transportation Policy Division, who obtained the following information from the JPPSO at Fort Lewis, Washington:

	a.  The applicant's spouse, Mr. M, visited the JPPSO on behalf of the applicant and spoke with a counselor about a Government-arranged local move. The counselor advised Mr. M that the JPPSO could arrange a local move; however, the local move contract required the Government to provide the local move contractor a minimum of 24 hours notice;

	b.  Mr. M advised the counselor that they could not wait for the JPPSO to move them.  Mr. M did not stay to complete an application for a DITY move and Counseling Checklist.  The counselor provided Mr. M with a checklist of what documents were required for a personally procured local move; and 

	c.  The applicant hired a moving company to move her HHG.  The invoice indicates the estimated weight of the HHG was 1,540 pounds at the cost of $4,172.

4.  In the advisory opinion, the Chief, Transportation Policy Division states that the Government's constructed cost for a local move of 1,550 pounds is $398.98 and provided the formula used to calculate the cost.  He also states that under the provisions of the Joint Federal Travel Regulations (JFTR), paragraph U5320-D4, Final Settlement, when Government-procured transportation is available, the Government must never incur expenses for the HHG movement in excess of 
100 percent of the Government's projected cost to transport the HHG, and any excess is the member's responsibility.  He further indicates the invoice indicates an order date of 23 June 2008, and a move date of 27 June 2008, which was well within the timeframe the Government-arranged move could have been provided.  The Chief, Transportation Policy Division concludes that since the applicant was not advised that Government-arranged transportation was not available, the applicant is authorized a reimbursement of $398.98 for personally procuring the local move of her HHG.

5.  The advisory opinion was provided to the applicant for possible comment or rebuttal.  She did not respond within the given timeframe.

6.  Department of the Army Pamphlet 55-2 (It's Your Move) provides guidance on PPM moves.  It states, in pertinent part, that the PPM is an alternate means of moving personal property and allows a service member to personally move HHG and either be reimbursed up to the Government's cost or to collect an incentive 

payment from the government when they have orders for a permanent change of station, temporary duty, separation, retirement, or assignment to/from or between Government quarters.  

7.  The same pamphlet further states that PPM reimbursement is equal to 
95 percent of the Government's constructed cost.  The Personal Property Office (PPO) must provide counseling and prior approval for a PPM move.  Failing to comply with service requirements of the program may limit payment or result in complete denial of a claim.

DISCUSSION AND CONCLUSIONS:

1.  The current Army policy requires a member to contact the PPO for counseling and prior approval of a PPM.  It also limits final settlement, when Government transport is available, to the amount of the Government's projected cost to transport the HHG.  Any excess is the member's responsibility.  

2.  The evidence confirms Government transport was available and that the applicant failed to obtain prior approval for the move from the PPO.  As a result, given the applicant failed to comply with the requirements for PPM, there is an insufficient evidentiary basis to grant the requested relief.  The applicant may, however, exhaust her administrative remedies by applying for reimbursement of the $398.98 she is authorized for her move.

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)                                         AR20090005076



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ABCMR Record of Proceedings (cont)                                         AR20090005076


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