BOARD DATE:	  20 September 2011

		DOCKET NUMBER:  AR20100026099 


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 reimbursement for a do-it-yourself (DITY) move, now referred to as a personally-procured move (PPM), from Fort Richardson, AK, to Fort Carson, CO.

2.  He states he is not being reimbursed for a full PPM because his household goods (HHG) were totally destroyed while being transported by ABF Freight System, Incorporated.  He offers that due to the total destruction of the HHG, he was not charged the transportation cost of $5091.00 by ABF.  Since he did not have receipts for the move, he was not reimbursed by the Joint Personal Property Shipping Office (JPPSO).  He argues that he conducted a full PPM and packed and loaded all HHG which weighed 11,766 pounds.  He states that JPPSO denied his reimbursement and demanded payment of the $4,264.00 advance he received since ABF waived its fee.

3.  He provides the following:

* DD Form 1351-2 (Travel Voucher or Subvoucher)
* Bill of Lading with consignee copy
* Vehicle Registration
* Orders 107-312, dated 17 April 2010
* Orders 109-303, dated 19 April 2010
* DD Form 2278 (Application for DITY Move and Counseling Checklist), dated 22 April 2010
* Oregon Police Traffic Crash Report, dated 15 June 2010
* DITY Checklist and Certification of Expenses, dated 18 October 2010
* empty and full loaded weight tickets
* photographs

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he is currently a first sergeant serving on active duty at Fort Carson.

2.  Orders 107-317, dated 17 April 2010, show he was scheduled for a permanent change of station (PCS) move from Fort Richardson to Fort Carson.  His reporting date was listed as 16 July 2010 which was amended by Orders 109-303 to an earlier reporting date of 10 May 2010.  Orders 107-318 additional instructions paragraph f authorized him shipment of HHG and a privately-owned vehicle.  These orders also indicate he has a spouse and three children.

3.  A DD Form 2278, dated 22 April 2010, shows he was authorized a PPM from Fort Richardson to Fort Carson.  This form lists his estimated weight of HHG as 7,000 pounds with a maximum weight listed of 13,000 pounds.  He received an advance operating allowance of $4,264.20.

4.  The bill of lading from ABF indicates he entered into an agreement to have ABF move his HHG for a maximum charge of $5,175.00.  The consignee's copy shows he was scheduled to pay the driver $5,091.00.

5.  His empty and full weight tickets show the trailer's empty weight was 9,040 pounds on 3 June 2010 and the full weight was 20,860 pounds on 7 June 2010.

6.  An Oregon Police Traffic Crash Report, dated 15 June 2010, shows the accident with the HHG occurred on 15 June 2010 in a construction zone.  The photographs provided with the report verify the applicant's HHG were destroyed when the trailer carrying the HHG went off the road onto the gravel shoulder.  The operator tried to move the trailer back onto the road and the trailer flipped and hit the guardrail spilling its contents on the highway.

7.  On 4 January 2011, a request for an advisory opinion was sent to Headquarters, Department of the Army, Deputy Chief of Staff, G-4.  G-4 recommended that the request be forwarded to the Defense Finance and Accounting Service (DFAS).

8.  On 27 June 2011, the Director, Travel Functional Area Standards and Compliance, DFAS, recommended payment of the applicant's claim.  The director stated that DFAS agrees with the applicant based on the Joint Federal Travel Regulation (JFTR) in effect at the time.  The director explained that the applicant's PCS orders authorized him to ship HHG to his new duty station.  On 22 April 2010, the applicant reported to the transportation office at Fort Richardson and received an authorization to conduct a PPM as evidenced by his DD Form 2278.  The DD Form 2278 also authorized him an advance of $4,264.20.

	a.  DFAS stated ABF obtained an empty weight ticket showing an empty weight of 9,040 pounds on 3 June 2010.  On 7 June 2010 after ABF completed loading the ABF vehicle, the weight was listed as 20860 pounds.  His total HHG shipment weighed was 11,820 pounds with an estimated trip from Fort Richardson to Fort Carson of 13 business days.

	b.  DFAS stated the ABF operator was in an accident on 15 June 2010 that caused the doors of the trailer to open completely and spilled the entire contents onto the roadway thus destroying the applicant's HHG according to the police report.  The director acknowledged that the applicant said his HHG were delivered to Fort Carson, but he did not provide the date of delivery.  The director also acknowledged that the applicant claimed that JPPSO denied him reimbursement for the shipment due to no receipts.  However, the director stated the requirement for the receipts was for operating expenses normally consisting of, but not limited to, vehicle rental, packing materials, moving equipment, gas, oil, tolls, storage, special permits, and other miscellaneous expenses related to the PPM.

	c.  DFAS quoted chapter 5, paragraph U5320-D(4), of the JFTR and chapter 10, paragraph 100506-G, of DFAS-Indianapolis Regulation 37-1 and opined that the only documents required for filing for reimbursement for a PPM were a DD Form 2278, certified weight tickets, travel orders, and a completed DD Form 1351-2.  The director reiterated that receipts were not required unless claiming operating expenses.  The director stated that although the HHG delivered to the applicant were in pieces and were unusable, they were delivered.  She concluded that the delivery of the pieces represented completion of the move for government PPM reimbursement purposes.

9.  JFTR, paragraph U5320 (2), provides guidance for members who choose to personally arrange for government-procured transportation of HHG and/or non-temporary storage (NTS) when it is available.  The JFTR states that a member who personally arranges for transportation or NTS is entitled to:

	a.  reimbursement of the actual cost not to exceed the government's constructed transportation and/or NTS cost, or

	b.  payment of a monetary allowance equal to 95 percent of the government's constructed cost when a shipping or transportation officer is available or if the member chooses to arrange for HHG transportation or NTS at personal expense.

10.  JFTR, paragraph U5320-D(4), provides final settlement for reimbursement of actual expenses requires submission of certified weight certificate(s) or an acceptable constructed HHG weight.  When government-procured transportation and/or NTS is available, the government must never incur expenses for the HHG movement in excess of 100 percent of the government's projected cost to transport the HHG commercially.  Any excess is the member's financial responsibility.

11.  Additionally, information obtained from the JPPSO, Washington, DC, area website<http://www.belvoir.army.mil/jppsowa/ppt.html#ppt> states that members may choose one of the following methods to execute personally-procured transportation:

	a.  Privately-Owned Vehicle (POV).  Your POV can be used to move HHG.  If you use a trailer or motor home, be sure to contact an outbound counselor for special guidance.  Empty and full certified weight tickets are required.

	b.  Rental Vehicle.  The member rents normal types of rental vehicles, equipment, moving aids, and packing material and the member performs all labor for the move.  Sources of equipment must be bona fide rental vendors such as U-Haul, Ryder, etc.  An advance operating allowance may be authorized when using this method.  Empty and full certified weight tickets are required.

	c.  "You-Load They-Drive."  Some commercial HHG carriers offer this type of service.  The member performs all or part of the labor for packing, unpacking, loading, or unloading of the moving van.  The commercial carrier supplies the driver and performs the line-haul movement.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was authorized to perform a PPM from Fort Richardson to Fort Carson.  He received an advance operating allowance of $4,264.20.  Regardless of whether he elected to move his HHG himself or to contract a moving company, it was his prerogative to do so.  Further, the evidence shows he contracted ABF to move him at a cost of $5,091.00.

2.  The fact that the moving company was involved in an accident that caused his HHG to be destroyed and, therefore, did not charge him their agreed upon cost does not negate the fact that the HHG were packed and loaded and transported from his losing unit and delivered to his permanent duty station.  It is reasonable to presume that had the applicant actually performed the move himself, without the aid of ABF, there would not have been an issue with his claim and he would have been entitled to the advance payment, as well as his full reimbursement for the PPM.  Therefore, the same rules should be applied.  The government cost should be applied regardless of any expenses the applicant did or did not pay.

3.  As specified in the JFTR and confirmed by DFAS, final settlement for reimbursement of actual expenses requires submission of certified weight certificates which the applicant provided.  Further, the JFTR states that he is entitled to 95 percent of the government's constructed cost when a member chooses to arrange for HHG transportation at personal expense.  Therefore, in the interest of equity, it would be appropriate to correct his records to show the appropriate authority approved his final settlement for reimbursement.

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 showing the appropriate authority approved his final request for reimbursement.

2.  The Board also determined that DFAS should pay the applicant any entitlements as a result of this correction.



      __________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)                                         AR20100026099



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ABCMR Record of Proceedings (cont)                                         AR20100026099



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