IN THE CASE OF:	  

		BOARD DATE:	  23 June 2011

		DOCKET NUMBER:  AR20100025623 


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 approval of an exception to policy (ETP) for reimbursement of expenses he incurred for his family's travel and the shipment of their household goods (HHG) to his chosen place of retirement.

2.  The applicant states, in effect, that shortly after their arrival at Fort Campbell, KY in 2007, he learned the unit was scheduled to deploy to Iraq for 15 months.  He had exactly 2 years left in the Army prior to his desired retirement date.  He and his wife had chosen Maryland as their desired retirement destination a long time ago and they wanted to make sure they were as prepared for the transition from military to civilian life.

3.  The applicant and his wife knew he would not have much time at Fort Campbell before his retirement so, they decided it would be a better strategy to move to their hometown as soon as possible in order to explore the available job and housing opportunities.  They contracted their move with United Van Lines, LLC.  His wife packed all of their HHG herself and the moving company loaded the boxes and furniture and shipped everything from Fort Campbell, KY to Glen Burnie, MD on 10 June 2010 at the cost of $1,897.67 of their personal funds.  When he cleared his final duty station a Fort Campbell, KY he was able to transport them in his privately owned vehicle.

4.  He realizes their final move was completed 2 years prior to his retirement, but contends it was inevitable.  Under normal circumstances, he would have waited until he had orders.  He attests that by moving to Maryland before retirement, they greatly reduced the amount of stress that they would have experienced during their transition at a later date because he has a new home, his wife has a permanent job, and their daughter is all set up with childcare.  

5.  He provides:

* a letter showing the request for ETP he submitted to the Fort Campbell, KY Transportation office was denied
* a verification of weight voucher prepared by Interstate Scales
* a receipt from United Van Lines, Limited Liability Company (LLC)
* his Retirement orders

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the Regular Army, held military occupational specialty 31B (Military Police), served through multiple extensions and/or reenlistments, and attained the rank/grade of staff sergeant (SSG)/E-6.

2.  His record contains a DA Form 2339 (Application for Voluntary Retirement) which shows on 10 February 2010 he submitted a voluntary request to retire effective 31 October 2010.

3.  On 12 February 2010, Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell, KY, published Orders 043-0615 announcing the applicant's retirement effective 31 October 2010.  The orders further notified the applicant he was authorized up to 1 year to complete selection of a home and complete travel in connection with this action.

4.  He provides a letter from Installation Management Command, Southeast Region Headquarters, U.S. Army Garrison, Fort Campbell, KY, dated 2 August 2010 wherein the Installation Transportation Officer informed him that his request to extend his travel and transportation entitlement for early use had been denied under the provisions of the Joint Federal Travel Regulation (JFTR), Volume 1 (Uniformed Service Personnel), paragraph U5330G (HHG Transportation Before an Authorization/Order Is Issued). 

5.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was honorably retired on 31 October 2010 and was placed on the Retired List in the rank/grade of SSG/E-6 on 1 November 2010.  He was credited with 20 years, 0 months, and 15 days of honorable service.  Item 18 (Remarks) of this form shows he served in Iraq from 26 April 2008 to 4 May 2009.



6.  He provides:

* a verification of weight voucher prepared by Interstate Scales which shows a truck contained 3,220 pounds of additional weight on 2 July 2008
* a receipt from United Van Lines, LLC which shows they paid $1897.67 for the shipment and delivery of 3,220 pounds of HHG on 11 July 2008

7.  An advisory opinion from the Office of the Deputy Chief of Staff, G-4, Headquarters, Department of the Army, was obtained on 11 April 2011 in the processing of this case.  The Chief of the Transportation Policy Division,  recommended denial of the applicant's request for relief.  He stated JFTR paragraph U5330G specifically addresses requirements for HHG transportation before an order is issued.  The length of time before the order is issued, during which a Service member may be advised that an order is to be issued, may not exceed the relatively short time period between the time when a determination is made to order the Service member to make a permanent change of station (PCS) move and the date on which the order is issued.  General information furnished to the Service member concerning order issuance before the determination is made to actually issue the order (such as time of eventual release from active duty, time of service term expiration, eligibility date for retirement, expected rotation date from overseas duty) is not advice that the order is to be issued (52 Comptroller General 769 (1973)).

8.  The advisory official continued that absent PCS/retirement orders or a signed/dated statement from an orders issuing authority that the orders will be issued in a short period of time in 2008, there is no JFTR authority to reimburse the applicant for $1,897.67 out of pocket expenses to personally hire a moving company in 2008.  The movement of HHG was primarily for the Service member's convenience and not mission essential or in the Government's best interest.  However, he can file for a deduction of these moving expenses on his tax return with the Internal Revenue Service.

9.  The applicant was provided with a copy of this advisory opinion, but he failed to respond.

10.  JFTR, Volume 1, paragraph U5330G provides that advance travel of family members and shipment of HHG associated with a PCS or release from active duty prior to the issuance of orders may not be reimbursed unless first authorized, in writing, by the PCS Approval Authority or a designated representative.  The length of time before the order is issued, during which a Service member may be advised that an order is to be issued, may not exceed the relatively short time period between the time when a determination is made to order the Service member to make a PCS move and the date on which the order is issued.  General information furnished to the Service member concerning order issuance before the determination is made to actually issue the order (such as time of eventual release from active duty, time of service term expiration, eligibility date for retirement, expected rotation date from overseas duty) is not advice that the order is to be issued (52 Comptroller General 769 (1973)).  There is no provision for retroactive approval of reimbursement for travel and/or transportation expenses incurred prior to the issuance of orders.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's requests approval of an ETP for reimbursement of expenses he incurred for his family's travel and the shipment of their HHG to his chosen place of retirement was carefully considered.

2.  Evidence shows he deployed from Fort Campbell, KY to Iraq for the period 26 April 2008 through 4 May 2009.

3.  Evidence shows the applicant paid United Van Lines $1897.67 for transporting 3,220 of property from Oak Grove, KY to Glen Burnie, MD on 11 July 2008.  By his own admission, this move was based upon his projected retirement and was strictly for the convenience of preparing his family for the transition from military to civilian life.

4.  Evidence shows that on 10 February 2010 he applied for voluntary retirement to be effective 31 October 2010; and he was issued retirement orders 2 days later.

5.  Evidence shows he did not request an exception to policy until 2 August 2010, over a year after he returned from his deployment and over 2 years after his family relocated to Maryland.

6.  The JFTR clearly prohibits reimbursement of travel and/or transportation expenses incurred prior to the issuance of orders without prior written permission from the orders issuing authority.

7.  In view of the foregoing and the fact that he did not even apply for retirement until nearly 2 years after relocating his family, there is no basis for granting relief in this case.





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)                                         AR20100025623





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ABCMR Record of Proceedings (cont)                                         AR20100025623



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