IN THE CASE OF:	  

		BOARD DATE:	    5 January 2012

		DOCKET NUMBER:  AR20110002767 


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 (now known as a personally procured move (PPM)) package.

2.  He states:

* he and his wife moved from Fort Polk, LA to Fort Hood, TX 
* this was the first time he changed duty stations
* his wife was new to the U.S. and did not have a driver's license
* he got weight tickets prior to the travel date
* he decided to weigh his household goods in the rental vehicle but to move his household goods (HHG) by making make two trips in his car

3.  He provides:

* self-authored statement
* orders
* DD Form 2278 (Application for DITY Move and Counseling Checklist)
* U-Haul Equipment Contact
* copies of two weight tickets
* DITY checklist
* DD Form 1351-2 (Travel Voucher or Subvoucher)
* Enlisted Distribution and Assignment Instructions 
* copies of three gas receipts 
* 
DA Form 31 (Request and Authority for Leave)  
* memorandum
* two emails

CONSIDERATION OF EVIDENCE:

1.  At the time of his application, the applicant was serving in the Regular Army in the rank/grade of specialist (SPC)/E-4.

2.  He submitted a copy of his enlisted distribution and assignment instructions, which show his tentative report date to Fort Hood was 10 August 2010.

3.  He submitted a copy of his U-Haul equipment contract, which shows that he rented a 14-foot truck on 17 August 2010 at 10:33 a.m.  He returned it on the same date at 3:52 p.m. and paid $50.35.

4.  He submitted two receipts from the American Moving and Storage Company, both dated 17 August 2010.  The first ticket shows that he weighed the truck at  
10:06 a.m. and obtained the tare weight of 7700 pounds.  The second ticket shows that he weighed the truck at and obtained the gross weight of 11,280 pounds which indicated the contents of the truck weighed 3580 pounds. 

5.  He submitted a DD Form 2278, which included the statement "No incentives will be paid without acceptable weight tickets and other required documents" and also he was counseled on his entitlements and responsibilities and contains the following entries in:

   a.  item f (Number of Miles) "325"; 
   
   b.  item 7 (Entitlements):

   (1)  7b (DITY moved authorized from) Leesville, LA to Fort Hood, 
TX; and 

   (2)  7c (Installation Transportation Officer/Transportation Management
Office (ITO/TMO) provided with accurate estimate of HHG) "4500." 

	c.  item 8 (Member Responsibility):

		(1)  8a (Operating Allowance (amount)) $1650.17;

		(2)  8b (Pick up rental vehicle and ensure safe operation condition) (Pick up date) "20100823";
		(3)  8c (Empty/loaded weight tickets required for each trip made.  Use government, public, or commercial scales); 

		(4)  8d (Name, Rank, Social Security Number, and Weighmaster's signature required on each weigh ticket); 

		(5)  8e (DITY Moves require DD Form 1351-2); and 

		(6)  8g states "DD Form 2278 and weight tickets must be submitted to paying office/IMO/ITO to receive incentive payment and provide rental contract."

	d.  item 9a (Cost Computation(Estimated Constructive Costs)) shows: 

		(1)  (Military Traffic Management Control rate solicitations plus $5.00 per estimated weight or weight allowance) $2895.03;

		(3)  (Estimated Gross Incentive) $2750.28; and 

		(4)  (Advanced Operating Allowance) $1650.17.

	e.  item 9e states he agreed to furnish two weight tickets within 45 days from the start of his move and that he voluntarily consented to collection of any unearned advanced operating allowance up to the maximum of $1,650.17 from his pay.

   f.  Item 10 (I Certify that I have read and understand my responsibilities and conditions printed on this form) shows in:

		(1)  10a (signature of member/agent) signed and 10b (dated signed) 
30 August 2010; and 

		(2)  10c (signature of counselor) signed and dated 10 August 2010. 

6.  He submitted a DITY Checklist and Certification of Expenses, dated 
30 August 2010, which states that he incurred $450.35 worth of moving expenses. 

7.  He provided a DD Form 1351-2, dated 31 August 2010, requesting payment for a PPM.  This form also shows that he received an advance payment of $1650.17. 


8.  Orders 217-307, issued by Headquarters, Joint Readiness Training Center and Fort Polk, LA, dated 5 August 2010, reassigned him to the 4th Infantry Sustainment Brigade Replacement Detachment, Fort Hood, TX with a report date of 10 September 2010.  The orders authorized him shipment of HHG and directed him to schedule an appointment for entitlements counseling with the local transportation office.  

9.  He submitted a DA Form 31, which shows he departed on leave from Fort Hood, TX on 11 October 2010.

10.  He submitted three copies of gas receipts, which show that on 11 October 2010 he spent:

   $18.00 for fuel in Fort Hood, TX at 05:12 
   $20.00 for fuel in Lufkin, TX at 9:25 a.m.
   $30.00 for fuel in Fort Polk, LA at 12:59 

11.  He submitted a handwritten memorandum, dated 28 October 2010, in which he states that he weighed his HHG on 17 August 2010, but did not travel until 
9 September 2010, because his report date changed.  He moved some of his stuff on that date when he arrived at Fort Hood.  He later took a 3-day leave and returned to Fort Polk and brought back the rest of his stuff.  

12.  He submitted two emails, dated 8 November 2010, from the Traffic Management Specialist, U.S. Army Installation Management Command (IMCOM) West Region, Fort Sam Houston, TX to the IMCOM telling them not to process his PPM settlement between the date of the receipts and the date he actually moved.

13.  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 for the personally procured move indicated that the HHG were moved in several trips in his privately owned vehicle (POV).  In lieu of the full and empty weight tickets for each HHG move via POV, he provided a truck rental receipt and weight tickets for a U-Haul truck in which the HHG were located and unloaded the same day to obtain the weight of the HHG.  The HHG were moved three weeks later in his POV.  There is also a discrepancy with the dates on the rental truck receipt and the weight tickets.  The rental time on the rental truck is 10:33 a.m. and the time on the tare weight ticket (empty weight) is 10:06 a.m.  The advisory opinion requested that he provide an explanation for the date stamped times on the rental truck receipt and the tare weight ticket and a document that provides the maximum load weight for the POV used to transport his HHG.

14.  On 28 June 2011, the applicant was provided a copy of the advisory opinion requesting additional information in support of his case.  He did not respond.

15.  At the time, Army Pamphlet 55-2 (It's Your Move) explained the allowances and responsibilities concerning shipment of HHG and provided instructions on the PPM Program (formerly known as DITY).  The pamphlet stated that it is the member's responsibility to locate weight scales to obtain certified weight tickets for the empty weight of the vehicle and then again for the vehicle after it is loaded.  Weight tickets should reflect the status of the gas tank e.g., full, ¾ tank, ½ tank, ¼ tank, and empty.  If making multiple moves separate weight tickets are required for each segment of the move.  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 vehicle on the actual date of his move.  He states that his initial report date was August 2010; however, that was a tentative date.  His report date was for 10 September 2010.  He also indicates this was his first move and his wife was unable to drive; however, participation in the PPM Program requires that the individual be counseled and receive prior approval for a PPM.  The record also shows he had an appointment for entitlements counseling with the local transportation office.

2.  Evidence of record shows that he initially weighed his HHG in the rental vehicle on 17 August 2010, but did not move them to Fort Hood until a later date.  Although he states that he moved at a later date and in two segments, he did not submit weight tickets for each segment of his actual move.  In addition, the advisory opinion asked that he provide an explanation for the date stamped times on the rental truck receipt and the tare weight ticket and a document that provides the maximum load weight for the POV used to transport his HHG.  He failed to respond to this request.

3.  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)                                         AR20110002767



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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