BOARD DATE:	  February 18, 2010

		DOCKET NUMBER:  AR20090010566 


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 correction of his military records to show that he properly filed a travel voucher for his permanent change of station (PCS) move in 2006.

2.  The applicant states that he received a travel advance in the amount of $4,020.00 for his "Do It Yourself (DITY)" move from Fort Hood, TX to Fort Lewis, WA.  A travel voucher for this move was never filed resulting in a debt to the
U.S. Government.  The applicant contends that he was unaware of needing weigh tickets for his move.  Without verification of the weight of his household goods, he could not process his travel voucher for reimbursement of his expenses.  He tried to contact the moving company to obtain copies of his weigh tickets, but the company has since closed and the records have been discarded.

3.  The applicant provides, in support of his application, copies of his PCS Orders; DA Form 31 (Request and Authority for Leave), dated 3 May 2006;
DD Form 2278 (Application for DITY and Counseling Checklist); FHT Form
55-X25 (DITY Information Data Sheet); Defense Finance and Accounting Service (DFAS) Travel Voucher, dated 12 May 2006, with a copy of his DD Form 1351-2 (Travel Voucher or Subvoucher), dated 11 May 2006; DFAS Travel Voucher, dated 11 May 2009; DITY Checklist and Certification of Expenses, dated 17 May 2009; letter from US-1 Van Lines of Texas, dated 16 October 2006; Weight estimate from The Moving Experts, dated 18 May 2006; Bill of Lading, US-1 Van Lines of Texas, with household goods descriptive inventory; CB&T Bank Account Statement, dated 31 July 2006; FMS Form 2231(Direct Deposit); and photocopies of seven moneygram payments.
CONSIDERATION OF EVIDENCE:

1.  At the time of his application, the applicant was serving in the Regular Army (RA) in the rank/grade of sergeant (SGT)/E-5.

2.  Headquarters, III Corps, Fort Hood, Orders L-109-011, dated 19 April 2006, assigned the applicant, as a specialist (SPC)/E-4, to the 2nd Armored Cavalry Regiment Replacement, located at Fort Lewis.  His reporting date was 10 June 2006.

3.  A DA Form 31, dated 3 May 2006, authorized the applicant to take ordinary leave for the period 23 May to 9 June 2006.

4.  A DD Form 2278, dated 11 May 2006, shows that the applicant applied for authorization to perform a DITY move.  He estimated the weight of his household goods at 5,000 pounds.  His maximum weight allowance based on his pay grade was 8,000.  The counselor determined the government’s estimated cost for this move was $6,700.00.  The estimated gross incentive that would be authorized was $6,365.00.  The applicant was authorized an advanced operating allowance of $4,020.00.  The applicant's entitlements included a rental truck and up to 90 days of temporary storage.

5.  A DFAS travel voucher, dated 12 May 2006, shows that the applicant was advanced $4,020.00.  The remarks section of this voucher states that he was required to settle this advance payment within 5 days of arrival at his new duty station.

6.  On 18 May 2006, The Moving Experts provided an estimated weight of 5,327 pounds for the applicant's household goods.  The estimated cost for moving these household goods from Texas to Washington was $3,941.98.  Payment requirements were an initial 20 percent deposit of $788.39; 30 percent to be paid upon pickup of the property; and the remaining 50 percent to be paid upon delivery.  The cost included a professional moving crew, pickup and delivery, loading and unloading, disassembling and reassembling, blankets for extra protection, taxes, tolls, fuel mileage, and basic liability valuation at sixty cents per pound.

7.  The US-1 Van Lines of Texas bill of lading, initiated on 19 May 2006, indicates a total cost of $4,064.50.  It also indicates two payments by money order; one for $1,500.00 and another for $2,564.50.  The bill of lading is marked "Paid."

8.  On 16 October 2006, the US-1 Van Lines of Texas informed the applicant that a total of $1,046.13 was due no later than 1 November 2006.  This payment included a previous account balance, storage fees for October and November, and late payment fees ($20.00).

9.  The applicant has provided photocopies of seven money order payments totaling $3,565.00.  He has indicated on this photocopy that he is missing a copy of an additional money order in the amount of $500.00.  With that missing money order the total paid would be $4,065.00.

10.  DFAS travel voucher, dated 11 May 2009, shows that the applicant failed to process his settlement and he now owed back the $4,020.00 travel advance.

11.  On 17 May 2009, the applicant completed a DITY checklist and certification of expenses indicating that he incurred an expense of $4,064.50 for rental vehicle and $1,046.13 for storage-in-transit, totaling $5,110.63.

12.  In the processing of this case an advisory opinion was obtained from the Chief, Compensation and Entitlements Division, Office of the Deputy Chief of Staff G-1, Washington DC.  The advisory official stated that The Moving Experts (broker for the applicant) had been contacted by the applicant for his DITY move.  The Moving Experts are no longer affiliated with US-1 Van Lines, the shipping company.  There are no certified weight tickets, bill of lading, or other documents on file with The Moving Experts.  Also, US-1 Van Lines have closed and could not be contacted for additional information.

13.  The advisory official further stated that there is no documented evidence to establish a constructed weight for approval through the Secretarial Process.  There is no authority to use the estimated weight of 5,327 pounds as a constructive weight in lieu of certified weight tickets.

14.  The advisory official suggested that an acceptable alternative would be to calculate a constructive weight based on the cumulative disbursements paid by the applicant to US-1 Van Lines.  The US-1 Van Lines charged 74 cents per pound for this shipment.  The available money order receipts show a total of $3,565.00, resulting in a constructive weight of 4,817.57 pounds.  The advisory official recommended that the applicant be authorized $3,565.00 for a shipment of 4,817.57 pounds of household goods, conditioned upon the concurrence of the Transportation Office at Fort Hood.

15.  On 18 November 2009, a copy of the advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or a rebuttal.  No response has been received.
16.  The Joint Federal Travel Regulation (JFTR) provides, in pertinent part, authorization for the transportation of personally owned household property.  Chapter 5, paragraph U5320D provides that an eligible member may personally arrange for the transportation of household goods.  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 household weight allowance.  A member who personally arranges for transportation is authorized payment of a monetary allowance equal to 95 percent of the government's constructed cost.  The JFTR further provides that the maximum weight allowance for a Soldier in pay grade E-4 is 8,000 pounds.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected to show he was authorized a DITY move from Fort Hood to Fort Lewis and that he is authorized reimbursement of his expenses.

2.  The available evidence clearly shows that the applicant was placed on PCS orders and he was required to move from Fort Hood to Fort Lewis with a reporting date of 10 June 2006.  Accordingly, the applicant applied for and he was granted authority to perform a DITY move.  He was advanced $4,020.00 towards his moving expenses.

3.  The applicant contracted through a broker and he had his household goods shipped from his home in Texas to his new location in Washington.  The available bill of lading shows that the applicant paid $4,064.50 to US-1 Van Lines for this service.  At 74 cents per pound this indicates the weight of the shipment was approximately 5,493 pounds.  

4.  The available evidence shows that the actual cost of shipment was less than $6,045.75, 95 percent of the government's limit of $6,365.00.

5.  The available evidence also shows that the applicant was billed for in-transit-storage of his household goods and for $20.00 in late fees, totaling $1,046.13.  However, there is no evidence showing that he paid these charges.  While temporary storage expenses were authorized, they cannot be reimbursed without evidence of payment.   Payment of late fees would be contingent upon valid justification.

6.  Notwithstanding the advisory opinion, which recommends that the applicant only receive $3,565.00 based on available receipts; the applicant should be reimbursed the total amount shown as paid on the bill of lading.

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.  showing he properly and timely filed a travel voucher in connection with his PCS move from Texas to Washington in 2006;

	b.  showing the constructive weight of his household goods shipment was 5,493 pounds;

	c.  showing he paid $4,064.50 for an authorized shipment of his household goods from Texas to Washington; and

	d.  auditing his DFAS records and paying and/or reimbursing him any monies due as a result of this correction. 



      ___________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)                                         AR20090010566



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ABCMR Record of Proceedings (cont)                                         AR20090010566



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