IN THE CASE OF:	  

		BOARD DATE:	  23 August 2011

		DOCKET NUMBER:  AR20110000393 


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 the transportation cost of his privately owned vehicle (POV) from California to Hawaii.

2.  The applicant states when he was in the process of his permanent change of station (PCS) move from Fort Bragg, NC to Hawaii, he requested authorization to ship his POV from Long Beach, CA instead of out of Fort Bragg.  After discussing it with the Fort Bragg Transportation Office, he shipped his POV.  Upon attempting to obtain reimbursement at his new duty station, he was advised that he was not authorized to have shipped his POV in the manner he did.

3.  The applicant provides:

* his PCS Orders 204-196, dated 23 July 2010
* a POV shipping receipt, dated 28 July 2010
* his VISA payment receipt, dated 28 July 2010

CONSIDERATION OF EVIDENCE:

1.  The applicant, an active duty staff sergeant (SSG)/E-6, enlisted in the Regular Army on 11 April 2005 with a home of record in California.  He reenlisted in December 2006.

2.  On 27 April 2010, Temporary Change of Station (TCS) orders were issued for a 90-day deployment to Afghanistan.

3.  On 3 July 2010, he extended his term of enlistment to accept a PCS move to Hawaii. 

4.  Orders 204-196, issued by the U.S. Army Installation Management Command, Headquarters, U.S. Army Garrison, Fort Bragg, dated 23 July 2010, directed the applicant to PCS from Fort Bragg to Schofield Barracks, HI with a reporting date of 10 October 2010.  Per amendment Orders 211-199, issued by the same headquarters, dated 30 July 2010, concurrent travel for his family members was authorized and the transportation of personal property and POV vehicle was also authorized.  A copy of these orders is not included in the applicant's interactive Personnel Electronic Records Management System (iPERMS) file.

5.  The applicant obtained shipment of his 2002 Chevrolet Trailblazer through Matson Navigation at a cost of $874.51, which was paid by the applicant on 28 July 2010.

6.  On 7 June 2011, an advisory opinion was obtained from the Chief, Transportation Policy Division, Office of the Deputy Chief of Staff, G-4, Washington, DC.  The advisory official noted that the applicant was authorized to ship his POV from California vice Fort Bragg.  The official stated that the Joint Federal Travel Regulations (JFTR), paragraph U5435 allows for shipment of a POV from an alternate port/vehicle processing center (VPC) provided the member reimburses the Government for any excess cost.  The alternate VPC was authorized; however, the applicant personally procured the transportation of his POV.  Under the JFTR, reimbursement of personally-procured POV shipment cost is not authorized.

7.  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.  He did not respond.

8.  The Joint Federal Travel Regulations (JFTR), section U5425B (Transportation Methods - Personally Procured Transportation) states an eligible member, who has not transported a POV at Government expense incident to a PCS, is entitled to reimbursement for the expense incurred when personally-procured POV transportation was based on erroneous advice of a representative of the Government (reimbursement under this item shall not exceed the cost that would have been incurred if the Government had arranged the transportation.)

9.  The JFTR, section U5435 (Ports/VPCS Used), states the Service concerned designates ports to be used for loading and unloading POV's transported.  

Transportation may be between ports other than the designated ports (i.e., between alternate ports), provided the member reimburses the Government for any excess cost involved.  An alternate port shall be in the same country as the designated port, unless an alternate port in a different country is authorized/
approved by the Secretarial Process.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant states when he was in the process of arranging for his PCS move from Fort Bragg to Hawaii, he requested authorization to ship his POV out of Long Beach, CA instead of Fort Bragg.  After discussing it with the Fort Bragg Transportation Office, he shipped his POV from California.  Upon attempting to obtain reimbursement, he was advised he was not authorized to have his POV shipped in the manner he did.

2.  Notwithstanding the advisory opinion, the applicant was entitled to have his POV shipped to Hawaii in concert with his PCS orders in accordance with the JFTR.  There is no conceivable reason that the applicant would self-ship his POV if he had not been advised that reimbursement would be allowed.

3.  The JFTR, section U5425 B, authorizes reimbursement for personally-procured transportation of a POV up to an amount equal to the cost that would have been incurred if the Government had arranged the transportation if that transportation was based on erroneous advice of a representative of the Government.  It appears that the applicant received either erroneous or incomplete advice on how to ship his POV from California to Hawaii.

4.  Therefore, it would be appropriate to correct the applicant's record to show he was authorized reimbursement of his personally-procured transportation of his POV and entitlement to reimbursement equal to the normal Governmental cost of shipping or the actual shipping cost, whichever is less, from California to Hawaii.

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 that the applicant was authorized reimbursement of his personally-procured transportation for his POV, and

	b.  reimbursing him the normal Governmental cost of shipping or the actual shipping cost of his POV, whichever is less, from California to Hawaii.



      ___________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)                                         AR20110000393



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ABCMR Record of Proceedings (cont)                                         AR20110000393



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