IN THE CASE OF:
BOARD DATE: 9 JULY 2009
DOCKET NUMBER: AR20090005390
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 his records be corrected to show he was authorized to move his household goods (HHG) via a personal procured move (PPM) (also known as a DITY [Do It Yourself] move) in August 2008 prior to the issuance of orders on 9 September 2008 transferring him to Fort Hood, TX with a reporting date of 16 January 2009.
2. The applicant states his unit was asked which families needed to move before the school year so orders would be issued in time. He states orders were not received in time for this move and he had to move his property before the new school year started. He states he submitted his paperwork to the Transportation Office and was told his paperwork would be sent to Finance. He states Finance returned his paperwork to him and instructed him to resubmit his DITY move as a DITY-after-the-fact. He states it was at this point that it was noticed he made his move prior to the issue date on his orders.
3. The applicant provides, in support of his application, copies of a power of attorney for his wife, his orders for transfer to Fort Hood, his application for his DITY move, a memorandum from his battery commander, a letter for paid charges, electronic mail (email) concerning his cost statements, and email between U.S. Army, Installation Management Command, West Region (IMCOM-WEST) and Headquarters, Department of the Army (HQDA), Deputy Chief of Staff (DCS), G4.
CONSIDERATION OF EVIDENCE:
1. The applicant's military personnel records show he initially enlisted in the Regular Army on 12 May 1992. He has served continuously and is currently serving on active duty. He was promoted to sergeant first class/pay grade E-7 effective 1 November 2004.
2. In August 2008, the applicant's wife moved their HHG from Fort Bliss to Fort Hood. This move was a DITY move.
3. Headquarters, U.S. Army Air Defense Artillery Center and Fort Bliss, Fort Bliss, TX Orders 253-180, dated 9 September 2008, assigned the applicant to the 1st Battalion, 44th Air Defense Artillery, D Battery, 31st Air Defense Artillery Brigade at Fort Hood, TX. His reporting date was 16 January 2009 (Early reporting not more than 60 days early was authorized). His orders indicated he had dependents and he was authorized to ship HHG at government expense.
4. On 23 October 2008, the applicant submitted a DD Form 2278 (Application for Do It Yourself Move and Counseling Checklist) to the Finance and Accounting Office at Fort Hood, TX.
5. On 10 December 2008, the applicant's DD Form 2278 was returned with a statement for the applicant to submit for a DITY-move-after-the-fact.
6. On 20 January 2009, the Commander, D Battery, 1st Battalion, 44th Air Defense Artillery at Fort Hood issued a memorandum for record for authorization for the applicant to report early. The commander stated the applicant was authorized to report to Fort Hood prior to 15 November 2008, he was authorized to move his family earlier than 15 November 2008, and he was authorized to move prior to the issuance of orders to Fort Hood.
7. On 13 February 2009, through IMCOM-WEST, the applicant submitted a request for after-the-fact reimbursement of a PPM performed prior to the receipt of orders.
8. On 24 February 2009, the G4 denied the applicant's request for after-the-fact reimbursement of a PPM move.
9. Joint Federal Travel Regulation, paragraph U5330 (FACTORS AFFECTING HHG TRANSPORTATION), Section G (HHG Transportation before an Authorization/Order Is Issued) provides that HHG transportation (before a PCS authorization/order is issued) is authorized if the request for transportation is supported by a statement from the PCS (permanent change of station) AO (Authorizing/Order-Issuing Official or Approving Official) or a designated representative that the member was advised before such an authorization/order was issued that it would be issued.
DISCUSSION AND CONCLUSIONS:
1. Both the applicant and his commander knew that orders for the applicant to move to Fort Hood were imminent.
2. The applicant was authorized shipment of HHG for himself and his dependents from Fort Bliss to Fort Hood.
3. During the entire process, there is no evidence the applicant was told to obtain a statement from the PCS AO that he would was advised before his orders were issued that the orders would in fact be issued. The applicant's battery commander is not the PCS AO.
4. Nevertheless, based on the fact that the applicant was authorized to ship HHG, it would be equitable to correct his records to show he was issued a statement indicating the applicant was advised, prior to issuance of orders, by the PCS AO he would be issued orders for transfer to Fort Hood.
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ 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 relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he was issued a statement from the PCS AO or designated representative that he was advised prior to the movement of his household goods and prior to issuance of orders that he would be issued orders transferring him to Fort Hood, TX.
2. The Board also recommends that all Department of the Army records of the individual be corrected by showing his request for after-the-fact reimbursement of a PPM performed prior to the receipt of orders was approved by appropriate authority.
_______ _ 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.
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