IN THE CASE OF:	  

		BOARD DATE:	    14 June 2011

		DOCKET NUMBER:  AR20100026758 


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 the personally-procured move (PPM) of his household goods (HHG), based on 95 percent (%) of the Government Constructed Cost (GCC) and in accordance with the Joint Federal Travel Regulations (JFTR), and that the estimated gross incentive (95% reimbursement estimate) cited on his DD Form 2278 (Application for Do It Yourself (DITY) Move and Counseling Checklist), dated 25 January 2010, be used instead of the estimated gross incentive cited on his DD Form 2278, dated
19 April 2010.

2.  The applicant states, in effect, he was told by the Joint Personal Property Shipping Office (JPPSO), Fort Carson, CO, that his DD Form 2278, dated
25 January 2010 and completed at Camp Arifjan, Kuwait, was not correctly input into Transportation Operational Personal Property Standard System (TOPS).  He was instructed to complete a new DD Form 2278, which he did on 19 April 2010, but it was input after the transportation rates had changed, thereby lessening his reimbursement entitlement.  He concludes by stating his reimbursement should be based on the amount cited on his first DD Form 2278, dated 25 January 2010.

3.  The applicant provides:

* Orders 019-001, issued by Area Support Group - Kuwait, dated
19 January 2010
* A DD Form 2278, dated 25 January 2010
* 
Orders 103-3074, issued by Headquarters, Maneuver Center of Excellence, Fort Benning, GA, dated 13 April 2010
* A DD Form 2278, dated 19 April 2010
* A paid Travel Voucher by DFAS-Indianapolis, dated 23 April 2010
* A DITY Checklist and Certification of Expenses, dated 11 June 2010
* A DD Form 1351-2 (Travel Voucher or Subvoucher), dated 14 June 2010
* scale/weight tickets
* receipts for fuel
* receipt for moving truck rental
* receipts for the purchase of moving boxes 

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving on active duty in the rank/grade of staff sergeant (SSG)/E-6, assigned to Fort Carson.  Prior to his permanent change of station (PCS) move to Fort Carson, he was stationed at Fort Gordon, GA and deployed to Camp Arifjan, Kuwait.

2.  On 19 January 2010, while deployed to Camp Arifjan, he received PCS orders, Orders 019-001, dated 19 January 2010, assigning him to Fort Carson with a reporting date of 10 May 2010. 

3.  On 25 January 2010, he completed a DD Form 2278, wherein he signified his intent to move his family's HHG by a PPM.  Block 9a(3) (Cost Computation - Estimated Constructive Costs - Estimated Gross Incentive) of this form contains the figure $14,785.03, which represents a dollar amount equivalent to 95% of the GCC. 

4.  On 13 April 2010, after redeployment from Camp Arifjan, he received a second PCS order, Orders 103-3074, dated 13 April 2010.  This PCS order directed his relocation to Fort Carson with a reporting date of 29 April 2010.

5.  On 19 April 2010, he completed another DD Form 2278, wherein he signified his intent to move his family's HHG by a PPM.  Block 9a(3) of this form contains the figure $10,752.75, which represents a dollar amount equivalent to 95% of the GCC.  Block 9a(4) (Cost Computation - Estimated Constructive Costs - Advance Operating Allowance) of this form contains the figure $6,451.65, which represents a dollar amount equivalent to 60% of the estimated gross incentive identified in Block 9a(3).

6.  On 26 April 2010, he received a PCS travel advance payment in the amount of $6,451.65.

7.  He leased a rental truck on 25 April 2010 and performed a PPM of his HHG and family members from Fort Gordon to Fort Carson.  His receipt for the rental truck shows he turned the truck in on 30 April 2010.

8.  On 14 June 2010, he filed his PPM settlement voucher with the Finance and Accounting Officer (FAO) at Fort Carson.  There is no documentation in the available records, and the applicant did not provide any documentation, that shows what he was paid as settlement for his PPM.

9.  In the processing of this case, a staff advisory opinion was obtained from the Office of the Deputy Chief of Staff, G-4.  This advisory official stated:

* on 25 January 2010, the Camp Arifjan transportation office counseled the applicant using a DD Form 2278, as an estimate only, using transportation rates that became obsolete effective 15 April 2010
* the applicant's actual move took place from 25 April to 1 May 2010, based on military orders dated 13 April 2010
* the date of the orders, along with the actual move dates, mandate that the Government use commercial transportation rates in effect as of 15 April 2010, not 25 January 2010
* the applicant's reimbursement entitlement was $8,328.70 and his actual moving expenses were $2,096.29; therefore, the applicant experienced neither debt nor hardship during this PPM

10.  On 19 April 2011, a copy of the advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or a rebuttal.  The applicant failed to respond.  

11.  Volume 1 of the JFTR, paragraph U5320, contains guidance on transportation methods of HHG and storage.  Subparagraph D covers personally-procured transportation and nontemporary storage (NTS).  It states that an eligible member (i.e. a member or next of kin in the case of a member’s death) may personally arrange for HHG transportation and/or NTS.  Transportation cost claims should be prepared and submitted in accordance with Service regulations.  The Government’s cost limit is based on the member’s maximum HHG weight allowance (i.e. if the member transports HHG in excess of the authorized weight allowance, all payments are based on the authorized weight allowance).

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s statements regarding his request for reimbursement for the PPM of his HHG were carefully considered; however, there is insufficient evidence to warrant a grant of relief.
2.  The applicant executed a second DD Form 2278, based on his second PCS order.  The cited figures were estimates only, based on rates in effect at the time.  The exact amount of settlement he received, after filing his final settlement voucher, is unknown.  Additionally, the amount of his advance exceeded his actual transportation expenses.  Therefore, the applicant cannot claim debt or hardship resulted from this PPM.

3.  In view of the foregoing, there is insufficient basis to grant 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)                                         AR20090005453



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ABCMR Record of Proceedings (cont)                                         AR20100026758



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