IN THE CASE OF:	  

		BOARD DATE:	  18 February 2010

		DOCKET NUMBER:  AR20090006950 


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 storage of her privately owned vehicle (POV) during her deployment to Afghanistan. 

2.  The applicant states, in effect, her mobilization orders state she was authorized to store her POV at Government expense; however, when she turned in her travel voucher, she was denied reimbursement for storage of her POV.  She claims to have been informed by the Defense Finance and Accounting Service (DFAS) that she needs a letter from the mobilization travel office that authorized storage of her POV at government expense.  She states the mobilization site was Fort Bragg, North Carolina, and they have refused to amend her orders or provide her the necessary authorization.  

3.  The applicant provides mobilization orders, a POV storage authorization letter from the State, and a POV invoice and storage packet in support of her application. 

CONSIDERATION OF EVIDENCE:

1.  As of the date of her application to the Board, the applicant was still serving as a sergeant in an active status in the New York Army National Guard (NYARNG).  


2.  On 14 December 2007, NYARNG Orders 342-011 ordered the applicant to active duty for a period not to exceed 400 days in support of Operation Enduring Freedom, with a report date to home station of 17 January 2008 and report date to mobilization station (Fort Bragg) of 20 January 2008.  The additional instructions of these orders contained an authorization for storage of household goods (HHG) and POV at Government expense.  

3.  On 19 March 2008, U.S. Army Installation Management Command, Headquarters, United States Army Garrison, Fort Bragg, published permanent orders 079-004, which directed the applicant's assignment to Afghanistan, effective 30 March 2008.  The additional instructions of these orders contained a statement indicating the requesting command should contact the nearest installation to receive a fund cite for temporary HHG/POV storage if the nearest installation did not have funds, and the deployment/temporary change of station travel office should be contacted for assistance with the name and phone number for the point of contact with whom temporary storage was discussed.  

4.  The applicant entered active duty on 17 January 2008 and served for 1 year and 22 days until 8 February 2009, at which time she was honorably released from active duty and returned to her NYARNG unit.  

5.  The applicant submitted a DD Form 1351-2 (Travel Voucher or Subvoucher) on 12 February 2009, which included a claim of $1,155.00 for POV storage from 17 January through 15 December 2008.  

6.  On 11 March 2009, the ARNG Financial Services Center, Indianapolis, Indiana, returned the applicant's travel claim and outlined various requirements that were necessary for her to receive reimbursement for her POV storage. 

7.  On 12 March 2009, the applicant's NYARNG unit published a memorandum to justify the applicant's storage of her POV.  It indicates that a proper government storage facility for her POV was not available to the applicant when she deployed and that she is authorized reimbursement for her POV storage as authorized in her deployment orders.  

8.  In connection with the processing of this case, an advisory opinion was obtained from the National Guard Bureau (NGB), Chief, Personnel Division.  This official recommends approval of the applicant's request.  He states that the applicant's 14 December 2007 active duty orders authorized the storage of HHG/POV at Government expense, and upon receipt of these orders, she stored her POV at her home of record.  He states she did not have a proper briefing until she arrived at the mobilization station at Fort Bragg, at which point it was too late for her to make changes to the storage of her POV. 
9.  The NGB Chief, Personnel Division further states that the applicant should not be punished for lack of instruction not provided at her home station.  He further comments that the applicant was not provided a checklist for what was needed to store her POV until filing her reimbursement claim.  This official further states that Army policy, POV storage may be authorized for both active duty and mobilized Reserve Component (RC) single Soldiers.  In accordance with an electronic mail (e-mail) message from the NYARNG Personnel Plans and Mobilization officer, if the applicant's request is approved by this Board, the installation transportation office (ITO) at Fort Bragg will have to be informed of the decision and provide the NYARNG with the funding codes or provide the Soldier a statement indicating that "No storage was available or local storage was being allowed at the convenience of the government."  

10.  The applicant was provided a copy of the NGB advisory opinion on
9 October 2009 in order to have the opportunity to respond to its contents.  To date, she has failed to reply.  

11.  The applicant provides an invoice from Attica Self-Storage, Swain, New York, that indicates the applicant agreed to pay a monthly fee for a POV storage space on 15 January 2008.  

12.  Department of the Army Personnel Policy Guidance states in .paragraph     8-9b (POV Storage) that POV storage may be authorized for both active duty and mobilized RC single Soldiers.  It further states Soldiers will coordinate with the ITO to ascertain the requirements/availability to store a vehicle on the installation.  RC Soldiers will first ascertain the availability of vehicle storage at the unit prior to contacting the ITO.  Army installations are responsible for storing POVs.  Installations should use their installation OCO funds and not the OCO accounting classifications found on a Soldier's mobilization, TCS, or CO-ADOS orders.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that she should be reimbursed for the cost of her POV storage during mobilization was carefully considered and found to have merit.  

2.  Although the applicant should have coordinated with the ITO at Fort Bragg before storing her POV, she and her command clearly believed she was authorized to store her POV locally and were unaware of the requirement to coordinate with the Fort Bragg ITO until after the applicant filed her reimbursement claim, as confirmed by NYARNG and NGB officials in the NGB advisory opinion.  
3.  In view of the facts of this case, given the applicant was authorized to store her POV at Government expense in the original active duty mobilization orders published by the NYARNG and was never properly advised of the requirements for personal storage of her POV at Government expense until after she filed a claim for reimbursement, it would be appropriate and serve the interest of equity and justice to reimburse her for the cost of her POV storage as an exception to policy. 

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 preparing an official statement showing she was authorized to store her POV at Government expense locally during the period of her active duty deployment between January 2008 and February 2009.

2.  That DFAS reimburse the applicant the $1,155.00 cost of her POV storage she claimed on her original travel voucher.  




      _______ _   __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)                                         AR20090006950



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ABCMR Record of Proceedings (cont)                                         AR20090006950



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