IN THE CASE OF:	  

		BOARD DATE:	  4 May 2010

		DOCKET NUMBER:  AR20090016192 


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 a waiver of excess cost for shipment of his daughter's household goods (HHG).

2.  The applicant states:

* he was stationed in the Netherlands when his daughter, Kristen, was selected to attend the United States Military Academy at West Point
* his daughter graduated from West Point in May 2008 and was assigned to Fort Benning, GA in a temporary duty status (TDY) from 3 August 2008 through 19 September 2008
* during the same period, he was reassigned to Naples, Italy
* he was assigned to Fort Shafter, HI in July 2008
* his daughter went to Fort Huachuca, AZ in a TDY status from 28 September 2008 through 4 February 2009, en route to Vicenza, Italy
* he has maintained his daughter's HHG and moved them from place to place
* his daughter's HHG have never been at her home of record (New Jersey)
* his daughter has never resided in New Jersey, except for the period surrounding her birth in 1986
* he is not aware of any course of action he could have taken to avoid this situation

3.  The applicant provides:

* electronic mail (email) correspondence between himself and an Army official
* a Request for Exception to Policy Regarding Excess Shipping Costs, dated 22 May 2009
* Orders 65-1, dated 6 March 2009
* his and his daughter's Officer Record Brief (ORB)
* Assignment Instructions
* Orders 48-02, dated 17 February 2006
* Headquarters, United States Military Academy Admission Notification, dated 28 May 2004
* a greetings letter from the Second Regiment, United States Corps of Cadets, West Point, NY, dated 8 September 2004

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently on active duty in the Regular Army serving in the rank of lieutenant colonel.

2.  He submits Orders 48-02, dated 17 February 2006, published by Headquarters, AFNorth Battalion, U.S. Army, NATO, dated 17 February 2006, showing his permanent changes of station (PCS) move to Italy, effective 15 July 2006; his daughter's congratulations letter from the Commandant of Cadets, dated 28 May 2004, on her admission to the United States Military Academy with an arrival date of 28 June 2004; and a greetings letter to him and his spouse from Second Regiment, United States Corps of Cadets, dated 8 September 2004, notifying them of their daughter's unit assignment during training at West Point.

3.  The applicant submits Orders 65-1, published by Headquarters, U.S. 
Army Infantry Center, Fort Benning, dated 6 March 2009, showing his daughter was released from assignment, not joined in Germany and assigned to Italy.  The ORBs he submits substantiate his contentions regarding the dates and location of his assignments, as well as the date and location of his daughter's assignment to Italy.

4.  As an attachment to email correspondence, dated 22 May 2009, between the applicant and the Chief, Transportation Division/ITO, Director of Logistics, Schofield Barracks, HI, the applicant requested an exception to policy regarding excess shipping costs.  The contentions made in his letter mirror the statements made in his application to the Army Board for Correction of Military Records (ABCMR).
5.  During the processing of this case, on 5 October 2009, an advisory opinion was obtained from the Office of the Deputy Chief of Staff, G-4, Chief, Transportation Policy Division, who states that under the provisions of the Joint Federal Travel Regulation (JFTR), paragraph U5340, which has the same effect as the law, a member is financially responsible for all transportation costs as a result of exceeding the authorized weight allowance, transportation between other than authorized locations, transportation of HHG in more than one lot (excluding the transportation of unaccompanied baggage), special services requested by the member, and transportation costs incurred by the government due to the member's/member's agent's negligence.  The applicant 's daughter is authorized the transportation of HHG from her old permanent duty station (PDS) which includes the home of a member at the time of enlistment or induction into the service to the new PDS.  The advisory official states that due to statutory limitations, they are unable to authorize the applicant to ship his daughter's HHG without incurring excess costs when applicable.

6.  Email correspondence between Army officials shows that using the Hawaii rate, shipment of the applicant's daughter's HHG to Italy is estimated at $1,500.00 in excess costs.  It was recommended the applicant apply for a waiver/remission of indebtedness.

7.  On 6 October 2009, the applicant was provided a copy of the advisory opinion for information and to allow him the opportunity to submit comments or a rebuttal. The applicant did not respond.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been carefully considered; however, according to the JFTR, the applicant is not entitled to a waiver of excess costs for shipping his daughter's HHG from Hawaii to Italy.

2.  Under the JFTR, a member is responsible for all transportation costs as a result of exceeding the authorized weight allowance, transportation between other than authorized locations, transportation of HHG in more than one lot, special services requested by the member, and transportation costs incurred by the government due to the member's/member's agent's negligence.

3.  The applicant's daughter is authorized the transportation of HHG from her old PDS to her New PDS.  Any costs accrued as a result of her HHG being shipped from any other location than described above, are the responsibility of the member.


4.  Based on the foregoing, there is no basis for granting the applicant's requested relief 

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)                                         AR20090016192



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ABCMR Record of Proceedings (cont)                                         AR20090016192



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