IN THE CASE OF:	  

		BOARD DATE:	  27 July 2010

		DOCKET NUMBER:  AR20090021953


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 indebtedness to the US Government in the amount of $4,741.18 be waived and any amount already collected be refunded to him.

2.  The applicant states his wife was in the Army.  When she separated in February 2006, she was unable to take advantage of her entitlement to ship household goods (HHG's) because the family did not depart the Maryland area until 2007 when he returned from deployment to Iraq.

3.  The applicant states he was not aware his HHG's exceeded his authorized weight allowance until his pay was garnished in May 2009.  He states he has attempted to gain relief to no avail, and he is due to retire in January 2010.  He does not have a retirement job and this debt will create a financial hardship.

4.  The applicant would like his wife's unused weight allowance credited against his excess weight allowance to nullify his debt.

5.  The applicant provides:

* a typewritten letter from his wife
* his retirement orders – Orders 110-0001, Headquarters, Fort McPherson, GA, dated 20 April 2009
* his wife's separation orders – Orders 151-015, US Army Resources and Programs Agency, Pentagon, Washington, DC, dated 31 May 2005
* a copy of his Leave and Earnings Statement (LES) for May 2009

CONSIDERATION OF EVIDENCE:

1.  The applicant is a retired Regular Army Major, MAJ/O-4.  He retired on 31 January 2010 after serving 21 years, 5 months and 22 days of creditable active federal service.

2.  The applicant's Officer Record Brief (ORB) shows the following pertinent assignment history:

200209-200505   Asst Professor of Military Science, U of MD    College Park, MD
200505-200608   Ops/Liaison Officer, Multi-National Force        Baghdad, Iraq
200609-200705   Asst Professor of Military Science, U of MD    College Park, MD
200705-200805   Operations Officer, US Army Central               Fort McPherson
200805-200905   Plans Officer, US Army Central                        Fort McPherson

3.  In 2002 when he was assigned as an assistant professor of military science at the University of Maryland in College Park, MD, he moved his family to MD and took up residence in Upper Marlboro, MD.  When he deployed to Iraq from May 2005 to August 2006 his family remained at the Upper Marlboro address.  He then returned to MD and resumed his Reserve Officers' Training Corps (ROTC) assignment at the University of Maryland.  In the April-May 2007 time frame, the family moved on permanent change of station (PCS) orders from Upper Marlboro to Fort McPherson (Atlanta), GA.  This is when the debt for overweight HHG accrued.

4.  The applicant's wife is a former Soldier who was assigned to the Pentagon and to the U.S. Army Evaluation Center, Alexandria, VA.  She served 11 years,  3 months and 18 days of creditable active Federal service and separated as a MAJ on 1 February 2006.  At the time of her separation, the family was residing in Upper Marlboro, MD and the applicant was serving in Iraq.  The applicant's wife did not exercise her authorization to ship HHG's because the family was not moving as the applicant was scheduled to return to his ROTC assignment upon completion of his Iraq deployment.

5.  In the processing of this case, an advisory opinion was obtained from the Chief of Transportation Policy Division, Office of the Deputy Chief of Staff, G-4, Washington, DC.  The Chief erroneously stated the applicant incurred excess weight for the transportation of HHG's under his retirement orders [actually under his PCS orders from MD to GA during April-May 2007].  His spouse separated in February 2006 and had 180 days in which to request transportation of HHG's; her entitlement to ship HHG's expired on 1 August 2006 and no extension was ever requested.

6.  A copy of the advisory opinion was provided to the applicant.  He did not respond within the given time frame.

7.  The Joint Federal Travel Regulations (JFTR) contains basic statutory regulations concerning a Uniformed Service member’s travel and transportation allowances.  Paragraph U5360 (Separation from the Service or Relief from Active Duty Except for Discharge with Severance or Separation Pay) provides that a member on active duty, who is separated from the Service or relieved from active duty, is authorized HHG transportation to the location the member elects, from the following:

* the last or any previous permanent duty station
* a designated place, or
* an authorized place of storage

8.  The authorization begins on the date the order is issued and terminates at the expiration of the 180th day from the active duty termination date.

DISCUSSION AND CONCLUSIONS:

1.  The applicant and his wife were both serving on active duty as Army officers.  In 2002, the family moved to Upper Marlboro.  From September 2002 to May 2005, the applicant served as an Assistant Professor of Military Science at the University of MD and his wife was assigned to the Pentagon and later to the US Army Evaluation Center, Alexandria, VA.

2.  The applicant was deployed to Iraq from May 2005 to August 2006.  During this period, his wife remained at their Upper Marlboro home and continued to serve in the Washington, DC area.  On 1 February 2006, she separated from active duty, again remaining at the Upper Marlboro home.

3.  The applicant returned from Iraq in August 2006 and resumed his duties as an Assistant Professor of Military Science at the University of Maryland.  In May 2007, the family conducted a PCS move to Fort McPherson.  At that time, the applicant was the only active service member and he exceeded his HHG weight allowance.  A debt was established.

4.  The debt is valid.  The applicant's request to waive it has been considered, but not recommended.  The applicant's attempt to apply his wife's unused February 2006 separation HHG entitlement violates provisions of the JFTR.



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)                                         AR20090021953



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090021953



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1