IN THE CASE OF:
BOARD DATE: 14 September 2010
DOCKET NUMBER: AR20090021630
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 his mobilization orders be amended to allow for the shipment of temporary household goods.
2. The applicant states that Personnel Policy Guidance entitles an individual in the grade of major an 800-pound temporary household goods allowance. His current orders reflect 120 pounds of baggage. The 90th Regional Readiness Command refused to amend his orders; however, the Inspector General set up a work-around that allowed him to be reimbursed for his do-it-yourself move of temporary household goods.
3. The applicant provides 90th Regional Readiness Command Orders
09-173-00006, dated 22 June 2009, and a copy of the Department of the Army Personnel Policy Guidance for Overseas Contingency Operations, dated 1 July 2009 (Bi-Annual Review).
CONSIDERATION OF EVIDENCE:
1. The applicant is currently a major in the U.S. Army Reserve. On 1 July 2009, he was ordered to active duty in support of Operation Enduring Freedom.
2. He was released from active duty on 27 June 2010 and transferred to the 9th Judge Advocate Team, Whitehall, OH.
3. Orders 09-173-00006, issued by the 90th Regional Readiness Command, dated 22 June 2009, shows his excess accompanied baggage should not exceed 120 pounds.
4. On 27 July 2010, during the processing of this case, an advisory opinion was obtained from the Chief, Compensation and Entitlements Division, Department of the Army Office of the Deputy Chief of Staff, G-1, recommending approval. The advisory opinion states that upon the applicant's release from active duty in July 2010 he was authorized a temporary duty weight allowance shipment of 800 pounds of household goods to his permanent residence in Zanesville, Ohio. Therefore, he is entitled to an additional household goods weight allowance of 680 pounds.
5. On 29 July 2010, a copy of the advisory opinion was sent to the applicant for his information and an opportunity to submit comments or rebuttal. No response was received.
6. Paragraph 8-8a of Personnel Policy Guidance for Overseas Contingency Operations, dated 1 July 2009, provides that Soldiers supporting contingency operations in an active duty temporary change of station status for more than 200 days are authorized household goods weight allowance in accordance with Joint Federal Travel Regulation (JFTR), paragraph U4710, excluding those serving in designated hostile fire/imminent danger pay areas. Shipments outside the continental United States must be processed through the servicing transportation office. Temporary household goods weight allowance is authorized back to final duty locations.
7. The JFTR provides that Soldiers in the grade of major are authorized a maximum household goods weight allowance of 800 pounds.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests that his mobilization orders be amended to show he was authorized an 800-pound temporary household goods allowance.
2. The record shows Orders 09-173-00006 issued by the 90th Regional Readiness Command authorized him 120 pounds of accompanied baggage; however, both the Personnel Policy Guidance and the JFTR clearly state that a major is authorized a maximum household goods weight allowance of 800 pounds. The advisory opinion supports his request for relief.
3. In view of the foregoing, his request should be granted.
BOARD VOTE:
___X____ ___X____ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is 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 amending 90th Regional Readiness Command Orders 09-173-00006, dated 22 June 2009, to read: "Authorized shipment of temporary duty household goods not to exceed 800 pounds."
2. The applicant must file a supplemental travel voucher through the servicing transportation office to claim reimbursement for the difference between the cost of shipping household goods in excess of 120 pounds but less than or equal to 800 pounds.
_________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.
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