IN THE CASE OF:	  

		BOARD DATE:	  27 October 2009

		DOCKET NUMBER:  AR20090015396 


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 by amending his permanent change of station (PCS) Orders L216-003 to show authorization to move his family to Crescent Springs, Kentucky, and to authorize reimbursement of expenses for storage of household goods at that same location.

2.  The applicant states that he was verbally notified of an assignment with an expectation of rapid deployment to Iraq with newly-formed Task Force ODIN.  He moved his family and the majority of his household goods to Crescent Springs, Kentucky.  He did this based on vague, unwritten guidance.  The critical, high profile nature of the new task force's immediate deployment required the unit be established, trained, and prepared as soon as possible.  He also understood that he would not have official orders or clear entitlements for quite some time.  The Aviation Branch at the Human Resources Command indicated entitlements would be forthcoming at a later date, and would be on par with a military transition team or a tour in the Republic of Korea.  Based on his discussion with other members of the task force, and knowing that he would not be assigned to Fort Hood, Texas, upon his redeployment, he decided to move his family and a portion of his household goods to their home in Kentucky.  The applicant completed a do-it-yourself move without written orders or authority from the Army.  He contacted the Transportation Office at Fort Hood and was assured that as long as the total weight of his household goods did not exceed the authorized weight allowance, the household goods being located at two different locations was insignificant.  The applicant further states that when he returned from deployment and attempted to move his household goods from two different locations he was informed that his orders did not authorize movement of his family and his household goods to Kentucky.

3.  The applicant refers to two other Soldiers who appealed to this Board with similar circumstances and they were granted the moving expenses for their families.  

4.  Upon the applicant's redeployment, he was placed on orders for duty in Japan.  He was eventually able to move household goods to Japan and to obtain partial storage of household goods at Fort Hood, Texas; however, the household goods storage in Kentucky was not authorized.  He had to contract storage at $55.00 per month.

5.  The applicant provides, in support of his application, copies of PCS Orders L216-003, dated 4 August 2006; memorandum for record, dated 1 September 2006, with attached deployment roster; Permanent Orders 283-1, dated 10 October 2006, with attached roster; PCS Orders L226-002, dated 14 August 2007, with amending orders, dated 18 December 2007; Proceedings, Army Board for Correction of Military Records (ABCMR), pertaining to another Soldier with advisory opinion, electronic mail communications, and memoranda attached; and pages 47-49, Army Regulation 600-20 (Army Command Policy).

CONSIDERATION OF EVIDENCE:

1.  At the time of his application, the applicant was serving as a Regular Army captain in Japan.

2.  Orders L216-003, Fort Hood, Texas, dated 4 August 2006, reassigned the applicant from the 15th Military Intelligence Brigade located at Fort Hood, Texas, to the United States Army Component Aerial Operations also located at Fort Hood, Texas.  This was a "no cost" move with a 15 September 2006 reporting date.

3.  On 1 September 2006, the Adjutant, Task Force ODIN, wrote a memorandum for record, wherein he stated that the individuals listed in the attached roster were to deploy in support of Iraqi Freedom on 15 October 2006.  The applicant's name is listed on this roster.  The adjutant further stated that temporary change of station (TCS) orders were not then available, but would be provided prior to deployment.  The deployment was for a maximum of 565 days, providing for a return on or before 10 May 2008.



4.  Permanent Orders 283-1, III Corps and Fort Hood, Texas, dated 10 October 2006, directed the applicant's unit to proceed on TCS from Fort Hood, Texas, to United States Army Central Command in support of Operation Iraqi Freedom effective 23 October 2006.  Movement of dependents and household goods was not authorized.  Deployment was for 365 days, but could be extended up to 545 days.

5.  Permanent Orders L226-002, III Corps and Fort Hood, Texas, dated 14 August 2007, assigned the applicant to the United States Army Aviation Detachment in Japan with a reporting date of 15 January 2009.  These orders were amended on 18 December 2007 to permit shipment of only 5,000 pounds of household goods or up to 50 percent of his authorized weight allowance to Japan.

6.  The applicant has provided ABCMR case proceedings pertaining to two other Soldiers who were also members of Task Force ODIN.  Those cases included a memorandum from the Chief, Aviation Branch, Human Resources Command, dated 15 March 2007, stating that the applicants in those cases had been given verbal orders prior to issuance of written orders.  This memorandum further stated that those Soldiers had the option of moving their families to Fort Hood; leaving them at Fort Huachuca; or moving them to their home of record.  The applicants in those cases were required to relocate from Fort Huachuca, Arizona, to Fort Hood, Texas, in preparation for deployment to Iraq.  Also, the Department of the Army, Office of the Deputy Chief of Staff for Personnel, G-1, confirmed in writing that the applicants in those cases were misled to believe by their assignment manager that they would be reimbursed for expenses incurred for moving their dependents and household goods to their home of record prior to issuance of written orders.

7.  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, G1 (Personnel), Washington DC.  The opinion states that "it appeared" the applicant moved his family and household goods to Crescent Springs, Kentucky based on information provided by his Aviation Branch assignment manager.  The opinion contends that since this Board approved other cases similar to the applicant's, that this case should also be approved. 

8.  On 20 October 2009, the applicant acknowledged receipt of the advisory opinion.    




DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he was given verbal orders to deploy to Iraq and that he would subsequently be authorized movement of his family and personal property.  Therefore, he moved his family and a portion of his household goods to Crescent Springs, Kentucky.

2.  Even though cases with similar sets of circumstances are received by the Board, no two cases are absolutely identical.  Therefore, the Board considers each case on its own merits and makes its recommendation independent from what any previous Board may have decided in a similar case.

3.  The advisory opinion in this case makes an incorrect assumption that the applicant's set of circumstances is similar to those of the other Soldiers, when in fact, they are decidedly different.  

4.  The deciding difference between the applicant's case and the other Soldiers' cases, is the applicant was already at Fort Hood when he was notified to relocate to another unit on Fort Hood.  The Soldiers the applicant referred to were located at Fort Huachuca when they received PCS orders to Fort Hood.  Furthermore, they were provided documentary evidence from the Aviation Branch showing they were incorrectly advised about their options concerning movement of their families and household goods in conjunction with those PCS orders.  

5.  There is no documentary evidence showing that the Aviation Branch, or anyone else in authority, misled or incorrectly advised the applicant in this case that he could move his family to his home of record.  The applicant was placed on a "no cost" reassignment within the confines of Fort Hood, even though the orders were titled "permanent change of station."  

6.  In this case, there is no evidence other than the applicant's own statements to show that he was given verbal authorization for movement of his dependents and household goods to their home of record.  The applicant based his decision to move his dependents on "discussions with other members of the task force.”  Simply being a member of the same task force as the individuals cited in the similar cases is not a sufficient basis for correction of the applicant's records.  

7.  In view of the above, and notwithstanding the recommendation of the advisory opinion, the applicant's request should be denied.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X___  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      ___________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)                                         AR20090002330



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ABCMR Record of Proceedings (cont)                                         AR20090002330



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