IN THE CASE OF:	  

		BOARD DATE:	  31 July 2012

		DOCKET NUMBER:  AR20120002055 


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, dislocation allowance (DLA) and amendment of Orders 005-825, dated 5 January 2010, to show he was authorized DLA in conjunction with the permanent change of station (PCS) move from Nashville, TN, to Johnson City, TN.

2.  He states upon returning from his deployment in January 2010, he received PCS orders moving him from Nashville, TN, to Johnson City, TN, which is a distance of 285 miles.  Orders 005-825, dated 5 January 2010, did not authorize him shipment of household goods (HHG) or DLA.

3.  He did not realize that he should have been authorized shipment of HHG, DLA, and 10 days of permissive temporary duty (TDY) because the individual who issued the orders advised him he was not authorized these entitlements.

4.  The applicant adds that on 30 March 2011, he received Orders 089-820 which changed his duty station from Johnson City, TN, to Smyrna, TN, which is also a distance of 285 miles.  These orders were processed by a different individual and showed he was authorized DLA.

5.  He contends he has utilized his chain of command and exhausted every means within his state to resolve the issue.  However, due to the error taking place in Fiscal Year 2010, the Army Board of Correction for Military Records (ABCMR) is the only authority who can authorize payment to correct this error.



6.  The applicant provides copies of:

* his marriage license
* three sets of orders

CONSIDERATION OF EVIDENCE:

1.  He provided Orders 164-809, issued by Joint Force Headquarters (JFHQ), Tennessee National Guard on 13 June 2007.  This document shows he was ordered to active duty (AD) in an Active Guard Reserve (AGR) status for a period of 5 years beginning 15 September 2007 and ending 14 September 2012.  He was directed to report to Nashville, TN, and was entitled to standard uniform allowances.

2.  His record contains Headquarters, First Army, Permanent Orders 
1A-08-340-002, dated 5 December 2008.  These orders show he was mobilized under Title 10, U.S. Code, in support of Operation Enduring Freedom for an initial period of 400 days beginning 15 January 2009.

3.  His record contains a DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 6 January 2010.  This document shows he was released from active duty (REFRAD) and transferred to his unit in the TNARNG.

4.  The applicant provided Orders 005-825, dated 5 January 2010, which were also issued by JFHQ, Tennessee National Guard.  These orders show he was ordered to AD in an AGR status for a period of 2 years, 10 months, and 17 days beginning 7 January 2010 and ending 23 November 2012.  He was directed to report to Johnson City, TN, and authorized standard uniform allowances.

5.  On 30 March 2011, JFHQ, Tennessee National Guard, issued Orders       089-820 directing him to proceed on PCS to the Tennessee Recruiting and Retention Battalion, TNARNG, Smyrna, TN, on 1 April 2011.  These orders show he was authorized DLA, shipment of HHG, and 10 days of permissive TDY for the purpose of house hunting.

6.  During the processing of this case, an advisory opinion was obtained from the Deputy, Chief of Staff, Army G-1, Chief, Compensation and Entitlements Division.  The opinion states:

	a.  The Army reviewed the claim of the applicant and unfortunately is unable to support his request for payment of DLA.

	b.  The applicant was mobilized on 15 January 2009 on orders not to exceed 400 days under Title 10, U.S. Code.  When he redeployed, he received a DD Form 214 which returned him to part-time status.

	c.  The next order calls him to AD in a Title 32 status and is not a continuation order.  Rate protection is lost for basic allowance for housing (BAH), and DLA is not authorized from place entered active duty (PLEAD) to the first permanent duty station (PDS) per the Joint Federal Travel Regulation (JFTR), paragraph U5630C.

	d.  Although orders are sometimes published incorrectly, this does not change the legal entitlements.

7.  He was provided a copy of the advisory opinion for comment and/or rebuttal; however, he did not provide any comments.

8.  JFTR, chapter 5, paragraph U5630-C, outlines the special categories for which DLA is not authorized in conjunction with (ICW) a PCS move.  It states, in part, DLA is not authorized ICW a PCS:

	a.  from home or from PLEAD to first PDS unless the dependents actually move from the member’s residence to the PDS or designated place ICW the PCS;

	b.  from last PDS to home or to the PLEAD;

	c.  from last PDS in one period of service to first PDS in another period of service when there was no ordered PCS between those stations; or

	d.  when the member does not relocate the household.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requested DLA and contends Orders 089-820, dated 30 March 2011, authorized him DLA and therefore, Orders 005-825, dated 5 January 2010, should be amended to show the same.

2.  He was ordered to AD in support of OEF for a period not to exceed 400 days beginning 15 January 2009.  He was REFRAD on 6 January 2010.

3.  He was then ordered to AD on 7 January 2010 to serve in an AGR status on separate orders.  An advisory opinion from the Chief, Compensation and Entitlements Division, Army G-1, shows he was not entitled to DLA because he was not on a continuation order.  Rate protection was lost for BAH and DLA was not authorized PLEAD to the first PDS per the JFTR, paragraph U5630C.

4.  The evidence clearly shows there was no break in service between the periods shown on Orders 005-825 and on Orders 089-820.  As such, when he was directed to proceed on PCS, he was authorized DLA for this period.

5.  The fact that one order authorized him DLA when another one did not, does not show an error or injustice occurred.

6.  In view of the foregoing, he is not entitled to 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 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)                                         AR20120002055



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ABCMR Record of Proceedings (cont)                                         AR20120002055



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