BOARD DATE: 24 May 2011
DOCKET NUMBER: AR20100025520
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 do-it-yourself (DITY) move package.
2. He states, in effect, that he did not know he was supposed to weigh his moving truck without his car attached. He states he is willing to pay for another "empty weigh" if he has to.
3. He provides copies of two weight tickets, a DD Form 1351-2 (Travel Voucher or Subvoucher), a DD Form 2278 (Application for DITY Move and Counseling Checklist), and his discharge orders.
CONSIDERATION OF EVIDENCE:
1. Following a period of service in the Army National Guard of New York, the applicant enlisted in the Regular Army on 9 August 2005. On 4 August 2008, he received a general discharge.
2. Orders 204-0148, issued by Headquarters, III Corps and Fort Hood, Fort Hood, TX, dated 22 July 2008, discharged him effective 4 August 2008. The orders directed him to schedule an appointment for entitlements counseling with the local transportation office. The record does not show whether or not he did so.
3. His record is void of documentation pertaining to his DITY move.
4. He provides two weight tickets. The first shows he weighed a U-Haul truck at the Killeen Recycling Center on 15 August 2008 and that the vehicle weighed 13,700 pounds. The second shows he weighed a U-Haul truck with a Mustang in tow at Brooklyn Resource Recovery on 18 August 2008 and that the vehicle with car weighed 14,000 pounds.
5. He provides a DD Form 1351-2 and a DD Form 2278 confirming he elected a DITY move to his home of record. The DD Form 2278 shows he agreed to furnish two weight tickets within 45 days from the start of his move. The form also included the statement "No incentives will be paid without acceptable weight tickets and other required documents."
6. During the processing of this case, on an advisory opinion was obtained from the Chief, Transportation Policy Division, Office of the Deputy Chief of Staff, G-4, Headquarters, Department of the Army. The advisory official states the applicant's documentation does not include a copy of the truck rental agreement or proper weight tickets. He further notes the loaded weight ticket indicates a privately-owned vehicle (POV) was in tow, which is not authorized. Therefore, reimbursement was not authorized.
7. On 1 April 2011, the applicant was provided a copy of the advisory opinion for comment and rebuttal. He did not respond.
8. At the time, Army Pamphlet 55-2 (It's Your Move) explained the allowances and responsibilities concerning shipment of household goods (HHG) and provided instructions on the Personally Procured Move (PPM) Program (formerly known as DITY). The pamphlet stated that if a POV was to be towed behind a rental vehicle, the POV was to be disconnected before obtaining weights. The pamphlet also stated counseling and prior approval must be provided for a PPM move and that failing to comply with the service requirements of the program could limit payment or result in complete denial of a claim.
DISCUSSION AND CONCLUSIONS:
1. By electing a PPM, the applicant assumed the responsibility to understand and follow the rules governing the program, which included weighing his rental vehicle without his POV in tow. He indicates he was not aware of this requirement; however, participation in the PPM Program requires that the individual be counseled and receive prior approval for a PPM. The record also shows he was ordered to schedule an appointment for entitlements counseling with the local transportation office.
2. The available documentation shows the applicant's failure to comply with the requirements of the PPM Program is his failure alone. Therefore, he is not entitled to the relief he requests.
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 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) AR20100025520
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ABCMR Record of Proceedings (cont) AR20100025520
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