IN THE CASE OF:
BOARD DATE: 22 June 2010
DOCKET NUMBER: AR20100007125
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, in effect, reimbursement for a personally-procured move (PPM) performed prior to the receipt of orders.
2. The applicant states he was new to the military and not aware of the fact that he needed to attend a class and have orders prior to moving his household goods (HHG) to Fort Hood, Texas. He states he was informed by his advanced individual training (AIT) sergeants that he could perform the move and be reimbursed. He was not aware that he needed orders first or that he needed to attend a briefing. Further, he states that his expenses totaling $1896.00 do not exceed the government constructed cost of $3358.93 to move 3820 pounds from Charlotte, North Carolina, to Killeen, Texas.
3. The applicant provides the following in support of his application:
* ABF Freight System, Incorporated, paid receipt in the amount of $1116.00, dated 16 October 2009
* ABF Freight System, Incorporated, original invoice, shipping date 9 September 2009
* Headquarters, U.S. Army Maneuver Support Center and Fort Leonard Wood, Orders 268-587, dated 25 September 2009
* DA Form 31 (Request and Authority for Leave) for the period 2 October 2009 through 3 October 2009
* marriage license, date of marriage 11 June 2009
* Cat Certified Automated Truck Scale Company weight certificate, dated 4 September 2009
* Cat Certified Automated Truck Scale Company weight certificate, dated 9 September 2009
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 18 February 2009. He is currently assigned to Fort Hood, Texas, as a heavy equipment construction operator.
2. The record shows the applicant's spouse arranged personally-procured transportation for the shipment of their HHG from Charlotte, North Carolina, to Killeen, Texas, with a shipping date of 9 September 2009.
3. U.S. Maneuver Support Center and Fort Leonard Wood Orders 268-587, dated 25 September 2009, assigned the applicant to the 36th Engineer Brigade, Fort Hood, Texas. The additional instructions read as follows:
a. paragraph b, "If you plan to ship personal property at government expense, contact your local transportation office to arrange for shipment and contact the transportation office of your new duty station immediately after arrival to arrange for delivery."
b. paragraph c, "You are authorized shipment of HHG at the with-dependent rate."
4. There is no evidence to show the applicant was notified by his AIT sergeants or chain of command that his permanent change of station (PCS) location would be Fort Hood, TX.
5. On 17 December 2009, the applicant submitted an electronic mail request for reimbursement of an after-the-fact PPM to the U.S. Army G-4 through the U.S. Army Installation Management Command (IMCOM) Logistics Functional Support Team-West, Fort Sam Houston, Texas.
6. On 17 December 2009, the IMCOM logistics office notified the applicant his request for reimbursement was denied.
7. The Joint Federal Travel Regulation (JFTR), paragraph U5320-D, states HHG transportation is authorized by the transportation mode that provides the required services satisfactorily at the least cost to the government. Personally-procured transportation and non-temporary storage may be personally arranged by an eligible member or next of kin (in the case of a member's death). Transportation cost claims should be prepared and submitted in accordance with service regulations and the government cost limit is based on the member's maximum HHG weight allowance.
8. The JFTR, paragraph U5330-G(a), states HHG transportation (before a PCS authorization/order is issued) is authorized if the request for transportation is supported by a statement from the PCS authorizing/approving official or a designated representative that the member was advised before such an authorization/order was issued that it would be issued.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for reimbursement of a PPM was considered and found to have merit as a matter of equity.
2. The evidence clearly shows the applicant failed to follow established regulatory procedures and did not obtain proper authorization prior to procuring transportation of his HHG to his permanent duty station. However, the applicant was new to the military and in a training status when this indiscretion occurred and it is a reasonable presumption that he did not act with intent to defraud the government. Given the fact that the applicant completed the HHG move approximately 2 weeks prior to the publication of his orders and at an expense less than the government constructed cost, it is in the best interest of the Army and the applicant to grant relief.
3. The applicant should realize that his failure to follow procedural guidelines in similar future situations will not entitle him to the same relief. It is the applicant's responsibility to ensure he is acting within the established local and regulatory provisions prior to taking such action on his own accord.
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 U.S. Army Maneuver Support Center and Fort Leonard Wood Orders 268-587 were published prior to his executing the PPM and
b. reimbursing the applicant in accordance with his documented receipts, not to exceed his authorized government constructed cost for his maximum HHG weight allowance.
____________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) AR20100007125
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ABCMR Record of Proceedings (cont) AR20100007125
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