IN THE CASE OF:	  

		BOARD DATE:	  27 September 2012

		DOCKET NUMBER:  AR20120005033 


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 his (Do-It-Yourself) DITY move currently referred to as a Personally Procured Move (PPM). 

2.  The applicant states he was deployed to Iraq in June 2010.  In January 2011, while deployed, he received assignment instructions for Fort Lewis, WA.  Upon notification he contacted his spouse to inform her of their Permanent Change of Station (PCS) later in the year.  She immediately contacted her work place to look into transferring her job.  Her work place informed her that they could accommodate her but she would have to transfer in February 2011.  

3.  She contacted the transportation office at Fort Bliss, TX and asked what could be done since he did not have official orders yet, was deployed, and unable to get a hard copy.  She was told to go through the PPM process and when he returned from his deployment he would be able to finish and claim the PPM.  His wife moved to Fort Lewis on 23 February 2011, he redeployed on 10 June 2011, his orders were dated 16 June 2011, and he proceeded on PCS on 28 June 2011.  He has been having problems filing his PPM for his wife's part of the move because she did not have the correct paperwork or prior approval from transportation at Fort Bliss, TX.  She did not have the necessary paperwork because she was never briefed, counseled, or given the correct information.  

4.  They spent thousands of dollars out of pocket and now he is trying to get an exception to policy or approval for her move.  He cannot be reimbursed until this is fixed.  This was caused by wrong and incorrect information being briefed to his spouse during his deployment to Iraq.  
5.  Upon arriving at Fort Lewis, WA, he discovered this was not the proper procedure because her move took place before the date on his orders.  Additionally, he was not properly briefed at Fort Bliss, TX on the procedures.  According to the Transportation Chief here at Fort Lewis, WA, there is an on-line program and brief that a person must fill out before PCS for a PPM.  He was unaware of this process and was not briefed to do so; therefore, he believes his spouse was misguided.

6.  The applicant provides:

* Orders Number BL-119-0004, dated 29 April 2010 
* U-Haul Contract, dated 23 May 2011
* Montana Vehicle Registration receipt and statement, dated 12 November 2010
* Texas Department of Motor Vehicles (DMV), Registration Renewal receipt, dated 1 December 2010
* Orders Number 167-62, dated 16 June 2011
* Orders Number 168-59, dated 17 June 2011
* Morale, Welfare, and Recreation (MWR) Auto Crafts Repair Center receipt, dated 24 June 2011
* Credit card statement, dated 1 August 2011
* PPM checklist
* DA Form 4187 (Personnel Action), dated 22 August 2011
* Letter, dated 22 August 2011
* DD Form 1351-2 (Travel Voucher or Subvoucher), dated 22 August 2011
* 7 U-Haul receipts 
* 27 receipts for fuel
* 4 receipts from Armstrong Moving and Storage

CONSIDERATION OF EVIDENCE:

1.  After having had prior enlisted service, the applicant enlisted in the Regular Army on 14 April 1994 and subsequently served through a series of reenlistments or extensions.  He currently holds the rank/grade of sergeant major (SGM)/E-9 and the military occupational specialty 13Z (Field Artillery Senior Sergeant).

2.  He provided Orders Number BL-119-0004, issued by Headquarters, Fort Bliss, TX on 29 April 2010.  These orders directed him to deploy to Iraq with a proceed date on or about 17 May 2010 for a period not to exceeded 365 days.

3.  He served in Kuwait/Iraq from on or about 10 June 2010 to on or about 
10 June 2011.
4.  He provided a series of receipts ranging in date from 12 November 2010 to 
26 February 2011, the first part of the PCS move/PPM executed by his wife.  These receipts are for vehicle registration or renewal in two states, U-Haul rentals and associated costs, weigh in fees, and the cost of fuel incurred by his spouse.  The below table contains an itemized list of the receipts he provided.


DATE
Receipt
Total
12 Nov 2010
Montana Vehicle Registration
$63.00
19 Nov 2010
Texas DMV Registration renewal
$71.80
19 Feb 2011
Armstrong Moving and Storage (weigh in)
$10.00 
19 Feb 2011
U-Haul
$995.50 
20 Feb 2011
U-Haul
$6.44 
21 Feb 2011
U-Haul
$3.78 
22  Feb 2011
Armstrong Moving and Storage (weigh in)
$10.00 
22 Feb 2011
Bigg's Shoppette - Fuel
$77.51 
22 Feb 2011
Bigg's Shoppette - Fuel
$78.10 
23 Feb 2011
Shell - Fuel
$138.59 
23 Feb 2011
Circle-K - Fuel
$80.00 
24 Feb 2011
Shell - Fuel
$43.60 
24 Feb 2011
Maverick - Fuel
$75.00 
24 Feb 2011
Maverick - Fuel
$54.26 
25 Feb 2011
Wheat Montana - Fuel
$60.24 
25 Feb 2011
Cenex Zip Trip - Fuel
$74.00 
26 Feb 2011
U-Haul
$41.60 
Total:                                                                                             $1,883.42


















5.  He provided Orders Number 167-62, issued by Headquarters, Fort Bliss, TX on 16 June 2011 which directed him to PCS to Fort Lewis, WA with a report date of 10 December 2011.  Additionally, his PCS orders authorized an early report date not to exceed 60 days.

6.  He provided amendment Orders Number 168-59, issued by Headquarters, Fort Bliss, TX on 17 June 2011.  These amendment orders changed his report date from 10 December 2011 to 10 October 2011 and authorized an early report date not to exceed 60 days.

7.  He provided a series of receipts ranging in date from 24 June 2011 to 
12 August 2011, the second part of the PCS move/PPM which he executed.  These receipts are for vehicle maintenance, U-Haul equipment rental, weigh in fees, and the cost of fuel he incurred.  The below table contains an itemized list of the receipts he provided.


DATE
Receipt
Total
24 Jun 2011
MWR Auto Crafts Repair Center (oil change)
$26.60
27 Jun 2011
U-Haul 
$1,133.00
27 Jun 2011
U-Haul (ratchet tie-down)
$27.01
27 Jun 2011
Armstrong Moving and Storage (weigh in)
$10.00 
28 Jun 2011
Armstrong Moving and Storage (weigh in)
$10.00 
28 Jun 2011
Exchange - Fuel
$100.00 
28 Jun 2011
Exchange - Fuel 
$50.00 
28 Jun 2011
Chevron/Texaco - Fuel
$62.01
28 Jun 2011
Shell - Fuel
$68.49
28 Jun 2011
Shell - Fuel
$170.00
29 Jun 2011
Horton's Corner - Fuel
$63.00
29 Jun 2011
The Fort - Fuel
$100.00
29 Jun 2011
Red Eagle Food - Fuel
$100.00
29 Jun 2011
Red Eagle Food - Fuel
$44.03
29 Jun 2011
Red Eagle Food - Fuel
$80.83
29 Jun 2011
Circle K - Fuel
$95.00
29 Jun 2011
Circle K - Fuel
$40.00
29 Jun 2011
Circle K - Fuel
$57.55
29 Jun 2011
Cardwell Store - Fuel
$50.00
12 Aug 2011
Safeway - Fuel
$18.50
12 Aug 2011
Mountain West Cooperative - Fuel
$43.21
12 Aug 2011
Windbreak Deli
$72.00
12 Aug 2011
Chevron/Texaco
$37.15
Total:                                                                                                 $2,458.38
























8.  He provided an undated PPM checklist which was not signed or dated by the PPM counselor.  He checked blocks indicating he had an original order with endorsements and amendments, a certified empty weight ticket, a certified full weight ticket, all of his receipts had been taped to a sheet of white paper, he had registration for his personally owned trailer, and he was in receipt/had completed the PPM checklist.  He did not check the blocks which indicated he had completed a DD Form 2278 (Application for Do It Yourself Move and Counseling Checklist) or that he had the original DD Form 1351-2.

9.  He provided a copy of his credit card statement, dated 1 August 2011, wherein he highlighted a charge from U-Haul of Montana - El Paso, TX, on 
27 June 2011 for $1,133.00.

10.  He provided a DD Form 1351-2, dated 22 August 2011, wherein he indicated that he departed Fort Bliss, TX on 29 June 2011 and arrived in Fort Lewis, WA on 12 August 2011.  This form also lists reimbursable expenses which are itemized in the below table.

Date
Nature of Expense
Amount
24 Jun 2011
Oil Change
$26.60
27 Jun 2011
U-Haul Rental
$1,133.00
27 Jun 2011
U-Haul (tie-down straps)
$27.01
28 Jun 2011
Fuel/Gas
$1,304.86
Total                                                                                      $2,491.47
11.  He provided a letter, dated 22 August 2011, wherein he stated while deployed to Iraq he received assignment instructions in January 2011 for Fort Lewis, WA from the SGM branch.  Upon notification he contacted his spouse who was still living at Fort Bliss, TX.  She had worked for Edward Jones Financial for over 10 years and immediately started looking for a new position to transfer to.  She was approved to transfer her job but was required to move in February 2011 if she wanted the position.  She relocated on 23 February 2011 with half of their household goods (HHG).  Upon completion of his deployment he PCSd in late June 2011 and reported to Fort Lewis, WA on 12 August 2011 after taking leave.  He requested to be reimbursed for his spouse's DITY move that occurred in February 2011.  He included a handwritten note at the bottom of this statement which states he was told he needed to write the letter to be reimbursed for his spouse's travel.

12.  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 that under the provisions of the Joint Federal Travel Regulations (JFTR), HHG transportation before an order is issued is authorized if the request for transportation is supported by a statement from military personnel that the Soldier was advised that an order would be issued and the Soldier signed a written agreement to pay any additional costs for transportation of the HHG to another location if the orders are changed or payment for the entire shipment if the orders are cancelled or not issued.  In addition, general information provided to the Soldier concerning the issuance of an order before the determination to actually issue the order is not advice that the order is to be issued.  Therefore, the G-4 is unable to approve his request for reimbursement of his PPM prior to the issuance of his orders.

13.  The applicant was furnished with a copy of the advisory opinion but failed to respond.

14.  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.

15.  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.

16.  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.

17.  The JFTR, paragraph U5203(c), Chapter 5, pertains to travel before an Authorized/Order (AO) is issued.  It states that a member authorized dependent travel and transportation allowances is authorized the allowances in paragraph  U5203-A for a dependent’s travel performed during the period before a PCS AO is issued and after the member is advised that such an AO would be issued.  General information furnished to the member concerning AO issuance before the determination is made to actually issue the AO (such as time of eventual release from active duty, time of service term expiration, retirement eligibility date, and expected rotation date from OCONUS (Outside Continental United States) duty) is not advice that an AO is to be issued.  Any voucher must be supported by a statement by the PCS AO or a designated representative that the member was advised in accordance with (IAW) the requirements of paragraph U5203-C. 

18.  The JFTR, paragraph U5330 pertains to HHG Transportation before an AO is issued.  It states that HHG transportation is authorized if the request for transportation is supported by a:

	a.  statement from the PCS AO or a designated representative that the member was advised before such an AO was issued that it would be issued;

	b.  written agreement signed by the member to pay any additional costs incurred for transportation to another point required because the new Permanent Duty Station (PDS) named in the AO is different than that named in a statement; and 

	c.  written agreement to pay the entire transportation cost (if a PCS AO is not later issued to authorize the transportation) is signed by the member.  The length of time before the PCS AO is issued, during which a member may be advised that an AO is to be issued, may not exceed the relatively short period between the time when a determination is made to order the member to make a PCS and the date on which the AO is actually issued.  General information furnished to the member concerning order issuance before the determination is made to actually issue the AO (such as time of eventual release from active duty, time of service term expiration, eligibility date for retirement, expected rotation date from OCONUS duty) is not advice that the AO is to be issued.

DISCUSSION AND CONCLUSIONS:

1.  The applicant effected part of his move of HHG and dependents before he was in receipt of orders, and without proper authorization.

2.  There is no evidence showing he contacted the transportation office before conducting his PPM or that he was improperly counseled regarding PPM moves.

3.  He indicated that he informed his spouse of his pending PCS upon receiving assignment instructions.  However, assignment instructions are not indicative of orders.  This assignment order could have been changed or deleted at any time prior to the issuance of official orders.

4.  Additionally, the JFTR specifically states orders should be issued before the travel is performed and that travel reimbursement is not authorized when the travel is performed before receipt of written or oral orders.  As a SGM, he had more than enough experience with military moves to know who to contact in order to execute a successful PPM move.  The fact is he did not exercise due diligence, did on request counseling on the PPM process and PPM requests.  The ABCMR has a responsibility to ensure Soldiers follow the proper procedures established in Army regulations.  

5.  Based on the forgoing, there is insufficient evidence to grant relief in this case.




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)                                         AR20120005033



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ABCMR Record of Proceedings (cont)                                         AR20120005033



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