IN THE CASE OF:	  

		BOARD DATE:	  6 March 2012

		DOCKET NUMBER:  AR20110017354 


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, that he be reimbursed for a personally procured move (PPM), also known as a Do-It-Yourself (DITY) move, of his household goods (HHG).

2.  The applicant states, in effect, he was ordered to the Fort Bliss, TX Personal Property Shipping Office (PPSO) to request a constructive weight allowance for his HHG.  He contends that he was discharged from active duty and was sent to his home in Miami, FL and could not fill out a reimbursement document on time due to his post traumatic stress disorder (PTSD) and the loss of some of the documents.

3.  The applicant provides a DD Form 214 (Certificate of Release or Discharge from Active Duty), separation orders, DD Form 1351-2 (Travel Voucher or Subvoucher), DD Form 2278 (Application for DITY Move and Counseling Checklist), and correspondence from the Defense Finance and Accounting Service (DFAS) and Fort Bliss, TX PPSO.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant indicated in his application that he submitted in support of his request, medical documentation from a civilian doctor and from a Department of Veterans Affairs Regional Office.  However, these documents were not received.  

3.  The applicant entered active duty on 13 May 1994.   His separation orders show a release from active duty date of 12 May 1999.  His DD Form 214 shows he was discharged on 24 February 2000.

4.  He provides a DD Form 2278 that indicates in item 9 (Cost Computation) an estimated gross incentive of $4,126.33 and that he was granted an advanced operating allowance in the amount of $2,606.10.  

5.  Item 9(4)e of the DD Form 2278 contains the following statements:  "I agree to furnish two weight tickets within 45 days from the start of this move.  If I fail to do so, I voluntarily consent to collection of all government costs of this move from my pay.  I also voluntarily consent to collection of any unearned advance operating allowance up to a maximum of $2,606.10."  The applicant authenticated the DD Form 2278 on or around 30 March 1999.  His counselor authenticated the form on 10 March 1999.

6.  The DD Form 2278 also includes the following statement "NO INCENTIVES WILL BE PAID WITHOUT ACCEPTABLE WEIGHT TICKETS AND OTHER REQUIRED DOCUMENTS."  

7.  There is no evidence indicating the applicant complied with the instructions in the DD Form 2278 by submitting the required documentation.  There is also no evidence showing he was unable to submit the weight tickets and or any other pertinent documentation due to a disabling medical condition.

8.  It appears the applicant submitted a DITY move claim to DFAS.  In a letter dated 4 November 2009, he was informed by DFAS Claims branch that their office could not process DITY claims.  He was advised to submit a request to the Army Travel Office.

9.  On 30 June 2010, the Fort Bliss PPSO instructed the applicant to submit an application to this Board requesting a constructive weight allowance for his HHG. No explanation of the PPSO decision to refer the applicant to this Board was provided.

10.  Department of the Army Pamphlet 55-2 (It's Your Move) provides guidance on PPM moves.  It states that the PPM is an alternate means of moving personal property and allows a service member to personally move HHG and either be reimbursed up to the Government's cost or to collect an incentive payment from the government when they have orders for a permanent change of station, temporary duty, separation, retirement, or assignment to/from or between Government quarters.  

11.  Army Pamphlet 55-2 further states that PPM reimbursement is equal to 
95 percent of the Government's constructed cost.  The Personal Property Office must provide counseling and prior approval for a PPM move.  Failing to comply with service requirements of the program may limit payment or result in complete denial of a claim.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for reimbursement of a DITY move has been carefully considered.  

2.  There is no evidence in the available records, and the applicant provided none, substantiating his claim that he was unable to submit the required documentation for reimbursement due to his PTSD.  Additionally, no explanation was provided as to why he waited almost 10 years to submit his claim. 

3.  Given that it appears he failed to comply with the requirements for the DITY move and in the absence of weight tickets and any other pertinent documentation such as rental equipment agreements, there is no basis to grant the requested relief.

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)                                         AR20110017354



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ABCMR Record of Proceedings (cont)                                         AR20110017354



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