BOARD DATE:	  21 June 2012

		DOCKET NUMBER:  AR20120003141 


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 a do-it-yourself (DITY) move, now referred to as a personally-procured move (PPM), from Fort Lewis, WA to Lake Worth, FL.

2.  He states, in effect, that when he left the Army in May of 2010 he moved back to his home of record in Lake Worth, FL.  He mistakenly mailed the final paperwork for his travel expenses to the Defense Finance and Accounting Service (DFAS) instead of the Joint Personal Property Shipping Office (JPPSO) located at Fort Lewis, WA.  He no longer has the original receipts and weight tickets because he mailed them to DFAS.  As a result of the loss of his paperwork, he is not being reimbursed for his PPM by the JPPSO and now has a debt of $5,540.00 on his credit report.  He asks that the documents he is providing now be accepted as proof of his move and associated expenses.

3.  He provides the following:

* Orders 067-0019, dated 8 March 2010
* DD Form 2278 (Application for DITY Move and Counseling Checklist), dated 22 November 2011
* Self-Procured Move Checklist and Certification of Expenses, dated 23 November 2011
* DD Form 1351-2 (Travel Voucher or Subvoucher), dated 23 November 2011
* a 10-page, undated, automated weight estimation
* an internet screenshot of one page of a U-Haul Customer Service Form, dated 1 December 2011
* a 2-page internet screenshot of a credit card charge for a trailer rental, dated 5 December 2011

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he enlisted in the Regular Army on 24 June 1996.  On 2 December 2004, he was honorably discharged with entitlement to disability severance pay in the amount of $36,014.00.

2.  On 12 June 2008, he again enlisted in the Regular Army for a period of 3 years and 14 weeks.

3.  Orders 067-0019 issued by Joint Base Lewis-McChord, WA, on 8 March 2010, show he was reassigned to the U.S. Army Transition Center located at Fort Lewis, WA, for transition processing with a reporting date of 30 May 2010.  These orders also show that on 30 May 2010, following 10 years, 4 months, and 28 days of creditable  active service, he was retired from active duty because of permanent physical disability incurred while entitled to basic pay.  He was placed on the retired list effective 31 May 2010.  These orders indicated movement of dependents and shipment of household goods to a home of selection was authorized.  Official travel arrangements purchased through a commercial travel office (travel agency) not under contract to the government were not reimbursable.  His home of record was shown as Lake Worth, FL.

4.  The DD Form 214 (Certificate of Release or Discharge from Active Duty) issued to him at the time of his retirement shows his home of record as Lake Worth, FL.

5.  A DFAS generated Travel Voucher, dated 1 March 2011, shows the applicant was provided an advanced payment for a PPM in the amount of $5,510.30 based upon his retirement orders.

6.  On 7 March 2011, DFAS sent a letter to the applicant's home of record address in Lake Worth, FL, notifying him that records in the Travel Division showed he had received monies from the U.S. Government for his move as an advance under travel orders, dated 8 March 2010.  DFAS continued that the applicant's PPM advance was not settled, resulting in a balance due the U.S. Government of $5,510.30.  He was advised that he could either remit payment in full or arrange a payment plan.  He was further advised that repayment arrangements must be received no later than the suspense date of 8 April 2011 or an administrative charge of $15.00 would be added to his existing debt and the entire debt amount would be deducted from his next regular pay without notice.

7.  On 25 May 2011, the Military Accounting Reports Office forwarded a DD Form 139 (Pay Adjustment Authorization) to the Army Military Pay Office informing them of the notification to the applicant and his failure to respond by the established suspense date.  As a result, they were authorized to charge the applicant with an outstanding debt of $5,510.30 and to initiate collection action for the debt. 

8.  On 7 June 2011, the DFAS Directorate of Debt and Claims Management sent a letter to the applicant at his home of record address informing him DFAS is the Department of Defense (DOD) activity responsible for collection of individual debts owed to DOD and that they had been advised he was indebted to DOD.  He was advised that if he had already paid the debt or believed the debt was invalid, he should contact them immediately.  He was further advised that he could make full payment of the debt within 30 days in order to avoid interest.  He was also advised he could make monthly installment payments which would be subject to interest on the unpaid balance.

9.  The applicant's DFAS Account Statement for the billing date of 7 June 2011 shows his debt in the amount of $5,510.30 due to non-settlement of his travel advance.  This document also advised the applicant that if he had previously settled this account he could clear the debt by providing DFAS a copy of his settlement voucher.

10.  In the processing of this case an advisory opinion was rendered by the Chief, Transportation Policy Division, Headquarters, Department of the Army, Deputy Chief of Staff, G-4, on 22 March 2012.  The Chief, Transportation Policy Division stated their office was unable to process the applicant's request to certify his PPM without a copy of the paid truck rental receipt and G-4 recommended that the request be forwarded to DFAS for consideration of cancelling the debt.  The applicant was provided a copy of the advisory opinion and afforded an opportunity to respond within 30 days; he did not respond.

11.  The applicant provides the following:

	a.  His retirement orders showing his retirement was effective 30 May 2010;

	b.  A 10-page, undated, automated weight estimation showing he had approximately 11,026 pounds of household goods to move, based upon the information he input into the computer.

	c.  A DD Form 2278, dated 22 November 2011, which shows the estimated cost of his move was $9,667.20 and based upon this estimate, he was authorized an advance operating allowance in the amount of $5,510.30.  Item 9e of this form contains the following statement:  "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 $5,510.30 from my pay."

	d.  A Self-Procured Move Checklist and Certification of Expenses, dated 23 November 2011, whereon he claimed he had incurred a rental vehicle expense in the amount of $2,563.00 in conjunction with his move from Fort Lewis, WA to Lake Worth, FL.

	e.  A DD Form 1351-2, dated 23 November 2011, whereon he indicated he had received a previous government advance in the amount of $5,510.30 and he claimed he had incurred a rental vehicle expense in the amount of $2,563.00 in conjunction with his move from Fort Lewis, WA to Lake Worth, FL, which commenced on 30 May 2010.

	f.  An internet screenshot of one page of a U-Haul Customer Service Form, dated 1 December 2011, which indicates he would need a 26-foot moving van to transport whatever he had input into the computer estimator.  This document also shows the rental rate for the moving van would be $1,906.00 plus a $5.00 environmental fee.

	g.  a 2-page internet screenshot of a credit card charge, dated 5 December 2011, which shows he was charged for renting a U-Haul trailer (with a maximum capacity of 6,500 pounds) on 18 February 2009 (over a year prior to his retirement).

12.  During the processing of this case, a staff member of the Army Board for Correction of Military Records (ABCMR) noticed the applicant's current address is less than 20 miles from Fort Lewis, WA.  On 16 April 2012, the applicant informed the staff member that:

* he did not file a travel voucher within 45 days of completion of his move to Florida
* he cannot produce copies of his initial travel voucher, weight tickets or receipts for the truck rental for his move to Florida
* U-Haul does not retain records that go back that far
* he initially relocated from Fort Lewis, WA to Lake Worth, FL; then he subsequently returned to the Fort Lewis area shortly thereafter

13.  In accordance with chapter 5, paragraph U5320-D(4), of the Joint Federal Travel Regulation (JFTR) and chapter 10, paragraph 100506-G, of DFAS-Indianapolis Regulation 37-1, the minimum documents required for filing for reimbursement for a PPM are a DD Form 2278, certified weight tickets, travel orders, and a completed DD Form 1351-2.  Receipts are also required when claiming operating expenses.

14.  JFTR, paragraph U5320(2), provides guidance for members who choose to personally arrange for government-procured transportation of HHG and/or non-temporary storage (NTS) when it is available.  The JFTR states that a member who personally arranges for transportation or NTS is entitled to:

	a.  reimbursement of the actual cost not to exceed the government's constructed transportation and/or NTS cost, or

	b.  payment of a monetary allowance equal to 95 percent of the government's constructed cost when a shipping or transportation officer is available or if the member chooses to arrange for HHG transportation or NTS at personal expense.

15.  JFTR, paragraph U5320-D(4), provides final settlement for reimbursement of actual expenses requires submission of certified weight certificate(s) or an acceptable constructed HHG weight.  When government-procured transportation and/or NTS is available, the government must never incur expenses for the HHG movement in excess of 100 percent of the government's projected cost to transport the HHG commercially.  Any excess is the member's financial responsibility.

16.  Additionally, information obtained from the JPPSO, Washington, DC, area website<http://www.belvoir.army.mil/jppsowa/ppt.html#ppt> states that members may choose one of the following methods to execute personally-procured transportation:

	a.  Privately-Owned Vehicle (POV).  Your POV can be used to move HHG.  If you use a trailer or motor home, be sure to contact an outbound counselor for special guidance.  Empty and full certified weight tickets are required.

	b.  Rental Vehicle.  The member rents normal types of rental vehicles, equipment, moving aids, and packing material and the member performs all labor for the move.  Sources of equipment must be bona fide rental vendors such as U-Haul, Ryder, etc.  An advance operating allowance may be authorized when using this method.  Empty and full certified weight tickets are required.

	c.  "You Load – They Drive."  Some commercial HHG carriers offer this type of service.  The member performs all or part of the labor for packing, unpacking, loading, or unloading of the moving van.  The commercial carrier supplies the driver and performs the line-haul movement.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was authorized to perform a PPM from Fort Lewis, WA to Lake Worth, FL upon retirement.  He was counseled regarding his travel entitlements and elected to receive an advance operating allowance of $5,510.30.  He did so with the understanding that he was required to furnish two weight tickets within 45 days from the start of this move.  He also understood that if he failed to do so, he voluntarily consented to collection of all government costs of this move from his pay.  He also voluntarily consented to collection of any unearned advance operating allowance up to a maximum of $5,510.30 from his pay.

2.  The applicant contends that upon completion of his move to Lake Worth, FL; he accidentally sent his original travel voucher, weight tickets, and receipts to DFAS instead of the JPPSO located at Fort Lewis, WA, and all of the documentation was subsequently lost.  He further attests that he did not retain copies of any of this documentation.

3.  As specified in the JFTR and confirmed by DFAS, the minimum documents required to file for reimbursement of actual expenses for a PPM are a DD Form 2278, certified weight tickets, travel orders, and a completed DD Form 1351-2.  Receipts are also required when claiming operating expenses.
Although the applicant submitted a DD Form 2278 and a DD Form 1351-2, he did not do so until November 2011 (17 months after his claimed move) and failed to submit any weight tickets, receipts, or other corroborating evidence.  In fact, the only receipt he provided was for a transaction that occurred over a year prior to his retirement and it was for a trailer, not a 26-foot moving van.

4.  Additionally, the applicant's current address is within 20 miles of his final duty station and he has failed to show any corroborating evidence that he actually moved to Lake Worth, FL or has resided elsewhere since his retirement.

5.  In view of the foregoing, the applicant 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)                                         AR20120003141





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ABCMR Record of Proceedings (cont)                                         AR20120003141



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