IN THE CASE OF:	  

		BOARD DATE:	  29 December 2009

		DOCKET NUMBER:  AR20090005453 


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 that he be reimbursed for his personally-procured move of his household goods (HHG) based on 95 percent of the Government Constructed Cost (GCC) and in accordance with the Joint Federal Travel Regulations (JFTR), Volume 1, paragraph U5320D.

2.  The applicant states that he completed a personally-procured move of his HHG prior to permanent change of station (PCS) orders being issued, but he did have the knowledge of his Commander and Regiment Command that he would be returning to Fort Campbell, KY.  He states that this request should be supported in accordance with the JFTR, paragraph U5330G.  He also states that he has provided all the documentation required to include weight tickets and receipts.  He understands the need for caution in a case such as this because he could have received PCS orders to somewhere else in a normal Army command.  However, this is not the case in the Special Operations Command in which he has been assigned for the last 13 years.

3.  The applicant provides the following documents in support of his application:

	a.  Letter, undated, to his Regiment S-1 with accompanying emails;

	b.  Memorandum, dated 17 March 2009, from the Regimental Adjutant, Fort Campbell;

	c.  Memorandum, dated 17 December 2008, from the Commanding Officer, 4th Battalion, 160th Special Operations Regiment, U.S. Army Special Operations Command;
   
   d.  Letter, undated, addressed to the Joint Personal Property Shipping Office, Customer Service Division Chief;

	e.  U.S. Army Human Resources Command, Assignment Instructions, dated
25 November 2008;

	f.  PCS orders to Fort Campbell, dated 2 December 2008;

	g.  Several emails;

	h.  JFTR, Volume 1 (Change 265), sections U5300 and 5320;

	i.  Self-Procured Move Checklist and Certification of Expenses; and 

	j.  Applicant’s Guide to Applying to the Army Board for Correction of Military 
Records.

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving on active duty in the rank/grade of Chief Warrant Officer Four (CW4)/WO4.

2.  After having prior enlisted service, the applicant was appointed as a Reserve Warrant Officer One (WO1) on 30 January 1990.  He was promoted to Chief Warrant Officer Three (CW3) on 1 October 1998 and to CW4 on 1 November 2004.

3.  The applicant leased a rental truck on 11 May 2007 and performed a personally-procured move of his HHG and family members from Tacoma, WA to Oak Grove, KY.

4.  On 25 November 2008, U.S. Army Human Resources Command issued Officer Assignment Instructions for a PCS from Fort Lewis, to Fort Campbell, KY with a reporting date of 30 December 2008.

5.  On 2 December 2008, the Reassignment Processing Center, Fort Lewis, published PCS orders assigning the applicant to the 160th Aviation Battalion, Fort Campbell, with a reporting date of 30 December 2008.  The special instructions indicated the applicant was authorized movement of his HHG at the “with dependent” rate.

6.  On an unknown date, the applicant submitted a request for an after-the-fact approval for the movement of his family members and personal property and reimbursement of a personally-procured move as an exception to policy.  He cited as the basis for his request the fact that his family was becoming strained because of his oldest son (6 years of age), who was diagnosed with Attention Deficit Hyperactivity Disorder (ADHD) and enrolled in the Exceptional Family Member Care Program (EFMP).  He also stated his spouse had an opportunity to start her new career in Clarksville, TN.  He stated that his family’s provider, Doctor (Colonel) B--h E. D---s was convinced that his son should be moved back to familiar surroundings in order to help him better deal with school.  He continued to state that his commander assured him that orders would be published for him to return to Fort Campbell, as soon as it was possible.  He also stated he was on deployment to Afghanistan several times and he received his PCS orders when he returned in December 2008.

7.  In a 16 December 2008 email, a traffic management specialist from the Installation Management Command (IMCOM) cited JFTR, paragraph U5330G(1)(a) and requested that the applicant provide signed and dated statements from his commander, his son’s EFMP provider, and the PCS authorizing official.

8.  In a 17 December 2008 memorandum, the Commanding Officer, Lieutenant Colonel (LTC) H---------f, 160th Special Operations Aviation Regiment (Airborne), stated the applicant was being reassigned to their sister battalion at Fort Campbell and arrangements were made for the applicant’s family to move and for his Request for Orders (RFO).  The applicant was deployed to meet the immediate requirement.  Due to an uncertain time line for his replacement outside the continental United States (OCONUS), the applicant’s RFO was not submitted.  LTC H---------f stated that, through no fault of the applicant, his actions were all conducted in good faith and with the full knowledge of this command.

9.  In a 2 January 2009 email, a traffic management specialist from the IMCOM recommended approval of the applicant’s request.  The email indicated the applicant had moving expenses of $3,706.01 and the GCC to move 15,020 pounds from Fort Lewis to Fort Campbell was $20,186.88.  The traffic management specialist indicated that based on statements from the applicant and the applicant’s former commanding officer, both knew that an order would eventually be issued officially assigning him to Fort Campbell.

10.  In a 14 January 2009 email, the applicant’s request was denied by Headquarters, Department of the Army (HQDA), Deputy Chief of Staff, G-4.  The applicant was advised to submit his request to this Board.  

11.  In a 17 March 2009 memorandum, the Regimental Adjutant, Major (MAJ)   T-----n, 160th Special Operations Aviation Regiment (Airborne), Fort Campbell, strongly supported the applicant’s request for exception to policy concerning his Do-It-Yourself (DITY) move to Fort Campbell on 15 May 2007.  The Regimental Adjutant stated the applicant was originally assigned to Fort Campbell and he was reassigned to Fort Lewis on 19 June 2006 as an Aviation Maintenance Officer to help stand up a newly-formed Special Operations Aviation Battalion.  It was the intent of the 160th Special Operations Aviation Regiment (Airborne) to return the applicant to Fort Campbell once the battalion at Fort Lewis was operational and a suitable aviation maintenance officer was assigned.  The Regimental Adjutant stated the applicant was advised of the PCS back to Fort Campbell before authorization/orders were issued.  His shipment of HHG was in good faith that the orders were in the system.

12.  In the processing of this case, a staff advisory opinion was obtained from the Office of the Deputy Chief of Staff, G-4.  This advisory opinion cited the JFTR, paragraph U5330G which provides the requirements that must be met for authorization of HHG transportation before PCS orders are issued.  It pointed out that the statement from the PCS order-issuing official and the written agreements signed by the member are required to be issued prior to the transportation of the HHG.  The advisory opinion stated that the documentation submitted by the applicant indicated he moved his family and HHG from Fort Lewis to Fort Campbell on 15 May 2007.  The applicant’s Officer Assignment Instruction is dated 25 November 2008 and his PCS order is dated 2 December 2008.  The advisory opinion also stated that the documentation submitted by the applicant did not contain the required statement from the order-issuing official and his written agreements that are required for the transportation of HHG prior to the issuance of a PCS and prior to the transportation of HHG.  It was opined that, without these documents, reimbursement for the transportation of HHG prior to the issuance of a PCS order is not authorized.  

13.  A copy of the advisory opinion was forwarded to the applicant to allow him the opportunity to submit comments or a rebuttal.  In a 6 October 2009 email, the applicant submitted his disagreement with the advisory opinion obtained from the Deputy Chief of Staff, G-4.  He argued that his packet that was submitted to this Board should include the letter from his Regiment, S-1.  This letter stated that they knew of his impending PCS move back to Fort Campbell before he moved his family and HHG at his expense.  He believes that the intent and the spirit of “the law” of the JFTR were met in accordance U5330-G-1a.  In support of his rebuttal, the applicant provided additional emails and five documents that were previously submitted with his application.

14.  Volume 1 of the JFTR, paragraph U5320 contains guidance on transportation methods of HHG and storage.  Subparagraph D covers personally-procured transportation and nontemporary storage (NTS).  It states that an eligible member (i.e. a member or next of kin the case of a member’s death) may personally arrange for HHG transportation and/or NTS.  Transportation cost claims should be prepared and submitted in accordance with Service regulations.  The Government’s cost limit is based on the member’s maximum HHG weight allowance (i.e. if the member transports HHG in excess of the authorized weight allowance, all payments are based on the authorized weight allowance).

15.  Volume 1 of the JFTR, paragraph U5330 contains guidance on the factors affecting HHG transportation.  Subparagraph G1 covers HHG transportation before an authorization/order is issued.  Except as indicated in paragraph 
U5330-G2, HHG transportation (before a PCS authorization/order is issued) is authorized if the request for transportation is supported by a:

   a.  statement from the PCS authorizing official (AO) or a designated representative that the member was advised before such an authorization/order was issued that it would be issued;

   b.  signed written agreement by the member to pay any additional costs incurred for transportation to another point required because the new permanent duty status (PDS) name in the authorization/order is different than that named in a statement prescribed in paragraph-G1a; and

   c.  signed agreement by the member to pay the entire transportation cost (if an authorization/order is not later issued to authorize the transportation).  The length of time before the PCS authorization/order is issued, during which a member may be advised that an authorization/order is to be issued, may not exceed the relatively short period between the time when a determination is made to order the member to make a PCS and the date on which the authorization/order is actually issued.  General information furnished to the member before the determination is made to actually issue the authorization/order (such as time of eventual release from active duty, time of 


   service term expiration, eligibility date for retirement, expected rotation date from OCONUS duty) is not advice that the authorization/order is to be issued.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s statements regarding his request for reimbursement for his personally-procured move of his HHG were carefully considered.  There is sufficient evidence on which to grant the relief requested as a matter of equity.

2.  Although the applicant effected his move of HHG and family members before he was in receipt of orders, it appears he did so in “good faith” that the PCS orders were in the system and based on the full knowledge of his Commanding Officer and Regiment Command.

3.  Notwithstanding the advisory opinion from the Office of the Deputy Chief of Staff, G-4, it would be equitable to accept the statements from the applicant’s Commanding Officer and Regimental Adjutant as sufficient evidence to authorize approval of his after-the-fact personally-procured move, as an exception to policy.  

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 related to this case be corrected by showing that the individual concerned was authorized shipment of HHG (in the form of a personally-procured move) and family members prior to the issuance of orders, 


as an exception to policy, and that he be paid all monies to which he is entitled upon presentation of documentation required for such a claim.




      _______ _ 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)                                         AR20090005453



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ABCMR Record of Proceedings (cont)                                         AR20090005453



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