IN THE CASE OF:	 

		BOARD DATE:	  1 March 2012

		DOCKET NUMBER:  AR20110020109 


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 payment for the portion his household goods (HHG) moved by personal vehicle during his do-it-yourself (DITY) move in 2011.

2.  He states he obtained a weight ticket on 19 March 2011 and his orders were posted on 4 April 2011.  His house had sold and he had nowhere to put his belongings besides his vehicle.  He also did this so it would be finished when he came back from recruiting school.  He does not understand why he is not getting paid if he did not move his belongings before orders were given to him.  He signed out of his battalion on 21 April 2011 and started his trip to Phoenix, AZ.

3.  He provides:

* self-authored memorandum
* DD Form 2278 (Application for DITY Move and Counseling Checklist)
* Personally Procured Move (PPM) Settlement Requirements
* DD Form 1351-2 (Travel Voucher or Subvoucher)
* DITY Checklist and Certification of Expenses
* memorandum for record, subject:  DITY Move for [applicant]
* weight tickets
* two Title and Registration Receipts
* orders
* Portable On Demand Storage (PODS) Transaction Statement and Transaction Summary
* printout of debit card expenses

CONSIDERATION OF EVIDENCE:

1.  The applicant's official military personnel file in the interactive Personnel Electronic Records Management System (iPERMS) does not include documentation pertaining to his move in April 2011.  This case is being considered using the documents he provides; other records included in iPERMS; and an advisory opinion provided by the Chief, Transportation Policy Division, Office of the Deputy Chief of Staff, G-4.

2.  The applicant enlisted in the Regular Army on 26 April 2006.  He reenlisted twice and he is currently serving as a staff sergeant/E-6.

3.  His record includes a diploma showing he completed the Army Recruiter Course at Fort Jackson, SC, on 1 April 2011.

4.  He provides:

	a.  A weight ticket, dated 10 March 2011, shows an empty PODS container was weighed in Junction City, KS.

	b.  A weight ticket, dated 15 March 2011, shows a full PODS container was weighed in Wichita, KS.

	c.  A PODS Transaction Summary signed by his spouse on 10 March 2011 shows transport to a destination warehouse in Phoenix West, AZ, was scheduled for 18 April 2011.

	d.  Weight tickets, dated 19 March 2011, show his spouse weighed two vehicles loaded with "house stuff."  The tickets show the vehicles were weighed in Paola, KS.

	e.  Orders 094-265, dated 4 April 2011, issued by Headquarters, U.S. Army Garrison, Fort Riley, KS, show he was ordered to proceed on permanent change of station (PCS) for assignment to the U.S. Army Recruiting Battalion Phoenix, Phoenix, AZ, with a reporting date of 16 May 2011.  The orders authorized shipment of HHG at the with-dependent rate and directed him to contact the local transportation office to arrange pickup and shipment of household goods.

	f.  A printout of his debit card transactions shows fuel purchases were authorized at locations in Kansas, Texas, New Mexico, and Arizona during the period 21 to 25 April 2011.  The printout also shows payment for a hotel reservation in New Mexico was authorized on 23 April 2011 and two other payments categorized by merchant type "Travel Agencies & Tour Operators" were authorized on 20 and 24 April 2011.

	g.  A memorandum for record, dated 27 April 2011, signed by his commander states he was aware the applicant was conducting a DITY move prior to receiving PCS orders.  He states he approved the move since the applicant would be at recruiter school when closing on the sale of his house occurred and he would have no place to store his goods.

	h.  Item 1 (Date Prepared) of a DD Form 2278 shows the date 16 June 2011.  This form shows various entitlements related to a DITY move and provides instruction on how to receive payment.  The form includes the statement, "No incentives will be paid without acceptable weight tickets and other required documents," above item 10 (I certify that I have read and understand my responsibilities and conditions printed on this form).  The spaces provided in item 10 for signatures of the member and counselor are blank.  Item 10d (Date Signed) shows the entry "20110616" [16 June 2011].  Item 11 (Certification of Installation Transportation Office/Transportation Movement Office) shows the actual constructive costs of his move were $3,968.04.

5.  He provides a self-authored memorandum in which he states:

In the month of July 2010, I received information that I was Department of the Army-selected for recruiting and was set to report in May of 2011.  I bought a home in 2009, and my wife and I made the decision to sell the home upon the event of getting orders and do a full DITY move.  In February 2011, we received an offer on our home and accepted.  The closing date on our house was March 15th, well before I would get my orders.  We had no choice but to move our belongings out of our home.  Several of our valuables were moved to my parents' house in Paola, Kansas, in February 2011.  We had the company PODS drop a pod at our home in March.  We loaded the remainder of our belongings into the pod.  PODS picked up the storage unit on March 15th and held our belongings in their warehouse until April 2011 at which time they transported the pod to Phoenix, Arizona (my new duty station).  The valuables that were taken to my parents were loaded into our vehicles on March 19th and weighed at a weigh station in Paola, Kansas.  We then drove our vehicles back to Junction City, Kansas, where we were staying with another service member until we were set to move.  Upon arriving in Arizona, I properly submitted all information needed to be reimbursed for our move.  I was told that my information submitted would have to be sent higher due to the fact that they believed I moved my items before I had orders…I was told directly from Mr. J____ T____ I was getting reimbursed for the vehicles, but the payment for the pod move was still unknown.  A couple days later, the tables turned and I was told that there was conflict with the information submitted regarding the vehicles, but the pod was now being paid for.  Four months after all this started I'm still waiting on payment for my vehicles.  It's quite foolish that I have not been paid for the vehicles when it's clear that they were driven down here by myself and my wife.  All gas receipts were submitted as well.  This doesn't make sense to why I had to submit my vehicles for this kind of approval when they think [that] since we weighed them early, then we drove down here early – which is not the case.  The vehicles did not move from Junction City, Kansas, until I signed out from Fort Riley which was April 21st of 2011.  We arrived in Arizona on April 22nd, 2011.  All information regarding our move, such as PODS receipts, gas receipts, weight tickets, have been submitted.  I also have all closing records of my house showing it got sold and we needed to move out.  On 22 August 2011 at 1300 I received an email from Mr. T____ showing that the DITY move for my vehicles was declined due to moving my HHG prior to my PCS orders – which did not happen.

6.  During the processing of this case, the Chief, Transportation Policy Division, Office of the Deputy Chief of Staff, G-4, provided an advisory opinion.  The advisory official stated the Joint Federal Travel Regulations (JFTR) authorizes the transportation and storage of HHG prior to the issuance of orders for mission and operational requirements.  The applicant moved his HHG prior to the issuance of orders due to the sale of his home.  This was for his personal convenience and was not due to mission or operational requirements.  Therefore, reimbursement for personally procuring the transportation of his HHG is not authorized.

7.  In a rebuttal to the advisory opinion, the applicant states, in part:

* the Fort Riley, KS, transportation office told him he could weigh his personal goods before orders were cut because he was on temporary duty at Fort Jackson, SC, attending the Army Recruiting Course
* he called the Fort Riley transportation office from Fort Jackson, SC, when he was in recruiting school and took a 4-day pass to go back to Fort Riley to help pack his HHG

8.  The JFTR, chapter 2, part B (Orders), states an order used for reimbursement of travel and transportation expenses is a written document issued or approved by the Secretarial Process directing a member or a group of members to travel between designated points.  The order establishes the conditions for official travel and transportation at government expense and provides the basis for the traveler's reimbursement.  Orders should be issued before the travel is performed.  Travel reimbursement is not authorized when the travel is performed before receipt of written or oral orders.

9.  The JFTR, chapter 2, part B, also states an urgent or unusual situation may require that official travel begin or be performed before a written order can be issued.  Under these circumstances an oral order conveyed by any medium, including telephone, may be given.  When this occurs, the authorizing officer must promptly issue a confirmatory written order.  An oral order meets the requirement for a written order when it is given in advance of travel, subsequently confirmed in writing giving the date of the oral order, and approved by competent authority.

10.  The Defense Travel Regulation, part IV (Personal Property), attachment K1 ("It's Your Move" – Armed Forces Members), provides information for members on the allowances and responsibilities involving the shipment and/or storage of HHG and unaccompanied baggage.  It states the transportation office must provide counseling and prior approval for a PPM – formerly called a DITY move – and that 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 states he and his wife decided to sell their house in anticipation of receiving PCS orders and they completed the sale of their home on 15 March 2011.

2.  He states he contacted the transportation office at Fort Riley, KS, and was told he could weigh his personal goods before PCS orders were issued because he was on temporary duty at Fort Jackson, SC, attending the Army Recruiting Course.  He then proceeded to pack a portion of his HHG in a PODS container and the remainder in his privately-owned vehicles.

3.  On 19 March 2011, his spouse obtained weight tickets for the HHG packed in their personally-owned vehicles, also prior to receiving PCS orders.

4.  On 1 April 2011, he completed the Army Recruiter Course at Fort Jackson, SC, and PCS orders were issued on 4 April 2011 authorizing him to proceed to the U.S. Army Recruiting Battalion Phoenix, Phoenix, AZ, with a reporting date of 16 May 2011.  Based on the debit card transactions he provides, it appears he departed Kansas on 21 April 2011 and arrived in Arizona on 22 April 2011.

5.  He provides a memorandum for record from his commander who states he was aware of and approved the applicant's plan to move his HHG prior to receiving PCS orders.  His commander's approval was authorized under the JFTR; however, it appears the approval was not properly recorded in writing until 27 April 2011, the date of the memorandum for record.

6.  It appears the applicant was denied payment for moving a portion of his HHG by privately-owned vehicles because his spouse obtained weight tickets before he was issued PCS orders.  His commander authorized this action, and it further appears that if his commander had provided written confirmation at the time, there would be no question of his entitlement to payment for moving a portion of his HHG by privately-owned vehicles.

7.  Notwithstanding the advisory opinion recommending denial of his application, as a matter of equity based his commander's approval, he should be paid any authorized PPM costs previously denied for reimbursement based on actions he took prior to being issued PCS orders.

BOARD VOTE:

____X___  ____X___  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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 he was granted an exception to policy to initiate movement of his HHG prior to receipt of PCS orders and by paying him any authorized PPM costs previously denied for reimbursement based on actions he took prior to being issued PCS orders.



      ____________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)                                         AR20110020109



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ABCMR Record of Proceedings (cont)                                         AR20110020109



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