IN THE CASE OF:	

		BOARD DATE:	  4 February 2010

		DOCKET NUMBER:  AR20090006155 


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, reimbursement for the Do-It-Yourself (DITY) move he completed in conjunction with his release from active duty.

2.  The applicant states, in effect, while waiting for his separation orders to be processed, he inquired with a transportation representative at Fort Hood, TX about whether a household goods move could be done prior to the receipt of official orders.  He states that he was advised by a transportation representative to do a DITY move and to save all receipts for reimbursement.  He continues that after he accomplished his DITY move and submitted his reimbursement claim, it was denied because the move occurred before his official orders were published.  He concludes that he is an officer who departed the Army on good terms and would like the Army to reimburse him for the expenses of his final move as is authorized.

3.  The applicant provides a self-authored statement, subject: Exception to Policy, dated 23 December 2008; a DD Form 2278 (Application for Do It Yourself Move and Counseling Checklist), dated 17 November 2008; a copy of Headquarters, III Corps, Fort Hood Orders 296-0172, dated 22 October 2008, assigning him to the Fort Hood Transition Center; a DITY Checklist and Certification of Expenses, dated 17 November 2008; a DA Form 31 (Request and Authority for Leave); two Penske Truck Leasing Invoices, both with a check-out date of 6 October 2008; two certified automated truck scale tickets, one dated
7 October 2008 and the other dated 9 October 2008; multiple gasoline receipts dated between 7 and 9 October 2008; a letter from the Commander, 21st Cavalry 
Brigade (Air Combat), Fort Hood, dated 16 January 2009; a memorandum from the supervisor of the Fort Hood Transition Center, dated 6 March 2009; and a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 14 January 2009 in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant entered active duty on 2 June 2001 as a second lieutenant in the Aviation Branch.  On 14 January 2009, after tendering his unqualified resignation, he was honorably separated from active duty.

2.  The applicant provided a memorandum, dated 6 March 2009, from the supervisor of the Fort Hood Transition Center which stated the Human Resources Command confirmed the approval of the applicant's unqualified resignation on 21 October 2008 and his office published his separation orders on the next day.

3.  The applicant's record contains a copy of Orders 296-0172, dated 22 October 2008, which reassigned the applicant to the Fort Hood Transition Center with a reporting date of 14 January 2009 for transition processing and discharge.  The orders also stated that "shipment of HHG [household goods] and travel allowances are authorized up to 180 days following date of discharge" and identified the applicant's home of record as Sunbury, OH.

4.  A DD Form 2278, provided by the applicant, shows he applied for a DITY move with his local transportation office on 17 November 2008.  It further shows an estimated constructive cost of $8,790.00 and an estimated gross incentive cost of $8,350.00.  It further indicates that the applicant's maximum authorized weight allowance is 14,500 pounds.

5.  On 24 November 2008, the transportation office denied the applicant's request because the "SM [Service Member] moved prior to effective date of orders."

6.  The applicant provides a one-way rental agreement from Penske Truck Leasing, dated 6 October 2008, which shows that he rented a vehicle on 6 October 2009 for a cost of $716.00.  A second invoice shows that the applicant returned the vehicle on 11 October 2008 after traveling 1,402 miles.

7.  The two certified automated truck scale tickets provided by the applicant, dated 7 and 9 October 2008, indicate that his household goods weighed a total of 6,640 pounds.

8.  In the processing of this case, on 16 September 2009, an advisory opinion was received from the Chief, Transportation Policy Division, Office of the Deputy Chief of Staff, G4, Washington, DC.  The advisory official essentially states that under the provisions of the Joint Federal Travel Regulation (JFTR), Soldiers separating from the Army are entitled to transport their household goods at government expense based on the order's effective date.  The opinion further states that the effective date is defined as the last day of active duty for separation orders.  The advisory official concludes that under the provisions of the JFTR transportation of household goods prior to the issuance of orders without authorization is not authorized.

9.  A copy of the advisory opinion was sent to the applicant for information and to allow him the opportunity to submit comments or a rebuttal.  The applicant did not respond.

10.  The JFTR provides the guidelines for a Soldier's household goods transportation and storage.  Paragraph U5305 states that a Soldier is authorized to move household goods at government expense when he/she is ordered to perform a PCS move.  A move to a Soldiers Home of Record (HOR) at the time of separation would be considered a PCS move.

11.  Paragraph U5310 of the JFTR states the government's household goods transportation obligation is limited to the cost of the completed movement of household goods equal in weight to a Soldier's weight allowance which in the applicant's case is 14,500 pounds.

12.  Paragraph U5330-G(1) states that it is unauthorized to transport household goods at government expense before an official authorization/order is issued, unless the request for transportation is supported by a:

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

	b.  written agreement, signed by the Soldier, agreeing to pay any additional costs incurred for the transportation of household goods to a different location than the one identified in paragraph (a) above.

	c.  written agreement, signed by the Soldier, agreeing to pay the entire cost of transporting his/her household goods if an authorization/order is not later issued to authorize the transportation.

13.  Paragraph U5320 of the JFTR states that household goods transportation arrangements may be government procured or personally procured, but must be a mode of transportation that provides the required services satisfactorily at least cost to the government.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was honorably separated from the Army and thus entitled to the transportation of household goods to his home of record.

2.  The applicant personally procured transportation and moved his household goods to his home of record before the effective date of his separation orders.

3.  The JFTR does not authorize the movement of household goods before the effective date of the authorization/order unless the request is accompanied by a written agreement from the Soldier acknowledging he/she will incur the costs if the authorization/order is not later issued.

4.  Notwithstanding the advisory opinion, the applicant's non-compliance with the administrative aspects of his DITY move does not nullify his entitlement to move his household goods at government expense when he separated from the Army.  Further, the separation orders published subsequent to the applicant's DITY move authorized him to move his household goods to the exact location he moved them to.  Therefore, as a matter of equity, it would be appropriate to reimburse him for the cost of moving his household goods to his HOR as prescribed in the JFTR.

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.  amending Headquarters, III Corps, Fort Hood Orders 296-0172 to show the orders were published on 6 October 2008; and

	b.  reimbursing the applicant for the movement of his household goods from Fort Hood to his home of record, less any amount already paid as a result of his final transportation and household goods move.



      __________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)                                         AR20090006155



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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