IN THE CASE OF:	  

		BOARD DATE:	11 September 2012

		DOCKET NUMBER:  AR20120006328


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, the reimbursement of expenses he incurred during a personally procured move (PPM) (formerly known as a do-it-yourself (DITY) move) from Fort Carson, CO to Fort Leonard Wood, MO, and the payment of any unpaid entitlements associated with that move.

2.  The applicant states:

* as directed by permanent change of station (PCS) orders, he was required to move from Fort Carson to Fort Leonard Wood
* he requested a PPM instead of having the government move his household goods (HHG)
* as a requirement for claiming travel expenses, he had his moving truck weighed full near Kansas City, MO
* at one point during his family's travels to Fort Leonard Wood, he stopped to assist his wife with the care of their then 3-month old daughter
* while assisting his wife, he placed the envelope with the weight tickets on top of his vehicle – eventually they resumed their travels but he forgot to retrieve the envelope and weight tickets from the top of his vehicle
* he did not realize he had lost the envelope containing the weight tickets until after he had arrived at his destination when it was time to weigh the empty truck
* he was paid an advance of $2,736.43, which is 80 percent (%) of the total travel expenses authorized based on an estimated 9,000 pounds maximum-allowed weight for his pay grade
* he submitted his claim through his transportation office, explaining the unusual circumstances with a HHG inventory form in lieu of the weight tickets
* his claim was returned to him authorizing only the reimbursement of the rental cost of the moving truck and packing materials in the amount of $668.70
* at the time of his move, he was dealing with heavy stress caused by post-deployment sleep issues, marital issues resulting from deployment separation, and other issues involving his re-integration with his wife and children
* understanding his responsibility to submit substantiating documentation with his reimbursement claim, he contacted several weigh stations in the area he believed he had weighed his moving truck in an attempt to get a copy of the original ticket – those efforts proved unsuccessful
* due to the circumstances, he is unable to provide the required documentation to support his claim but in fact, he did move his HHG
* despite his HHG inventory showing a higher weight total, he is only requesting reimbursement for the 9,000 pounds he is entitled to 

3.  The applicant provides:

* Orders 291-2002, issued by Headquarters, 4th Infantry Division, Fort Carson, dated 18 October 2011
* DD Form 2278 (Application for DITY Move and Counseling Checklist), dated 22 November 2011
* a statement submitted with his PPM reimbursement claim, dated
30 January 2012, explaining how he lost his weight tickets
* DD Form 1351-2 (Travel Voucher or Subvoucher), dated 31 January 2012
* PPM Checklist and Certification of Expenses, dated 31 January 2012, with corresponding Penske Truck Leasing Rental Agreement Cover Sheet, dated 29 December 2011 and a receipt for packing supplies
* DD Form 1701 (Inventory of HHG), undated
* email traffic between the Chief, Personal Property Shipping Office (PPSO), Fort Leonard Wood and an official at Installation Management Command, Fort Sam Houston, TX
* memorandum, U.S. Army Maneuver Support Center and Fort Leonard Wood, dated 8 February 2012, subject: Claim for Reimbursement: [applicant]
* DD Form 1351 (Travel Voucher – Payment for PCS Voucher Settlement), dated 23 February 2012
* letter, Defense Finance and Accounting Service (DFAS), Indianapolis, IN, dated 27 February 2012
* a memorandum for the Army Review Boards Agency (ARBA) from the Commander, 43rd Adjutant General Battalion (Reception), Maneuver Support Center of Excellence, Fort Leonard Wood, subject:  Appeal for Claim Reimbursement – [applicant], dated 20 March 2012

CONSIDERATION OF EVIDENCE:

1.  The applicant currently serves in the Regular Army in the rank/grade of sergeant (SGT)/E-5.

2.  He enlisted in the Regular Army on 18 August 1999.  He completed training and he was awarded military occupational specialty (MOS) 75B (Personnel Administration Specialist), which later converted to MOS 42A (Human Resources Specialist).

3.  Orders 291-2002, issued by Headquarters, 4th Infantry Division and Fort Carson, Fort Carson, CO, on 18 October 2011 show he was reassigned to the U.S. Army Maneuver Support Center, Fort Leonard Wood, with a reporting date no later than 10 February 2012.

4.  A DD Form 2278, dated 22 November 2011, shows he applied for authorization to perform a PPM.  He estimated the weight of his HHG at 9,000 pounds.  His maximum weight allowance based on his pay grade was 9,000 pounds.  The counselor determined the government’s estimated constructed cost for this move was $4,800.76.  The estimated gross incentive that would be authorized was $4,560.72.  The applicant was authorized an advanced operating allowance of $2,736.43, a figure that equates to 60% of the authorized estimated gross incentive.  His entitlements included a rental truck and up to 90 days of temporary storage.

5.  On 31 January 2012, he filed his DD Form 1351-2 for payment of his PCS travel entitlements, wherein he stated he departed his previous duty station at Fort Carson on 2 January 2012 and arrived at his destination, Fort Leonard Wood, on 30 January 2012.

6.  On 31 January 2012, he filed his completed PPM claim and completed a PPM Checklist and Certification of Expenses, wherein he stated he incurred a rental vehicle expense of $854.77, and a packing materials expense of $15.05.  He included receipts to substantiate these expenses and a statement explaining how he lost his weight tickets.

7.  On 2 February 2012, the Installation Transportation Officer forwarded the applicant's request to use constructive weight to receive a PPM incentive to an official at the Installation Management Command, Central Region, at Fort Sam Houston.  This official determined that in accordance with Army PPM policy, certified empty and full weight tickets are mandatory for PPM incentive payments.  He further stated the applicant was limited to reimbursement of his actual PPM costs not to exceed the Government's constructed cost.

8.  On 8 February 2012, the Installation Transportation Officer forwarded his PPM reimbursement claim to DFAS.  In an accompanying memorandum, this official stated:

The enclosed reimbursement claim for self-procured shipment used in the movement of 9,000 pounds of HHG does not exceed the cost which would have been incurred by the government, had the property been shipped by a Transportation Officer.  [Applicant] did not get weight tickets so he is only authorized cost for the U-haul and packing supplies up to government cost.

The official further stated the applicant was authorized total reimbursement of $703.89.

9.  A DFAS-generated Travel Voucher, dated 23 February 2012, shows he was reimbursed $668.70.  This form further shows he received a prior travel advance of $2,736.43, and after subtracting from that figure the $668.70 received in settlement, he had a remaining debt to the government in the amount of $2,067.73. 

10.  On 27 February 2012, DFAS sent a letter 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 18 October 2011.  DFAS continued that the applicant's PPM entitlements were less than the advance he received, resulting in a balance due the U.S. Government of $2,067.73.  He was advised that he could either remit payment in full by 30 March 2012, or an administrative charge of $15.00 would be added to the existing debt and the entire debt amount would be deducted from his pay in regular installments.  

11.  In the processing of this case, on 2 May 2012, an advisory opinion was received from the Chief, Transportation Policy Division, Office of the Deputy Chief of Staff, G4, Washington, DC.  The advisory official stated the applicant did not submit empty and full weight tickets when submitting his documentation for certification of his PPM.  Without empty and full weight tickets, reimbursement is limited to the cost of the rental truck and packing supplies not to exceed the government's constructed cost.  He further states the government is unable to authorize reimbursement of 95% of the government's constructed cost without empty and full weight tickets.  He recommended the applicant apply for debt cancellation in accordance with Army Regulation 6004 (Remission or Cancellation of Indebtedness).

12.  On 10 May 2012, a copy of the advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or a rebuttal.  The applicant did not respond.

13.  The applicant provides a memorandum from the commander, 43rd Adjutant General Battalion (Reception), Maneuver Support Center of Excellence, Fort Leonard Wood, dated 20 March 2012, to ARBA, in which he recommends the applicant be reimbursed for the movement of his HHG.

14.  Department of the Army Pamphlet 55-2 (It's Your Move) provides guidance on PPMs.  It states the PPM program is an alternate means of moving personal property.  The program allows Soldiers to personally move HHG, and either be reimbursed up to the government's constructed 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.  Whether a privately owned vehicle/trailer, rental truck/trailer, a hired commercial carrier, government HHG shipment, or a combination of the above options are used to perform a PPM, the 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 requirements of the program may limit payment or result in complete denial of a claim.

15.  The Joint Federal Travel Regulation (JFTR) provides authorization for the transportation of personally owned household property.

	a.  Paragraph U5305 (Eligibility) provides that a member is authorized to move household goods at government expense when he/she is ordered to perform a PCS move.

	b.  Paragraph U5310 (Basic Allowances), subparagraph B-2., provides that the maximum weight allowance for a member in pay grade E-5, with dependents, is 9,000 pounds.

	c.  Paragraph U5320 (Transportation Methods), subparagraph D, provides that an eligible member may personally arrange for the transportation of his/her household goods.  Transportation cost claims should be prepared and submitted in accordance with service regulations.  The government's cost limit is based on the member's maximum weight allowance.

	d.  Paragraph U5320, subparagraph D-2.b., provides that a member who personally arranges for transportation is authorized payment of a monetary allowance equal to 95% of the government's constructed cost.

	e.  Paragraph U5320, subparagraph D-4., provides that final settlement for reimbursement of actual expenses requires submission of certified weight certificate(s) or an acceptable constructed HHG weight (emphasis added).  When government-procured transportation and/or non-temporary storage (NTS) is available, the government must never incur expenses for the HHG movement in excess of 100% of the government's projected cost to transport the HHG commercially.  Any excess is the member's financial responsibility.

	f.  In accordance with paragraph U5320, subparagraph D-4., and paragraph 100506, subparagraph G, of DFAS-Indianapolis Regulation 37-1 (Finance and Accounting Policy Implementation), 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his records to allow payment for expenses he incurred during a PPM from Fort Carson to Fort Leonard Wood and the payment of any unpaid entitlements associated with that move was carefully considered.

2.  The evidence of record shows he was placed on PCS orders and was required to move from Fort Carson to Fort Leonard Wood with a reporting date no later than 10 February 2012.  Accordingly, he applied for and was granted authority to perform a PPM, and he was advanced $2,736.43 towards his moving expenses.

3.  The applicant understood the PPM program requirements and made his best effort to comply with them.  He admits he unknowingly lost his weight tickets.  Further, he requested to use his HHG inventory sheet as a constructive weight ticket in determining his entitlement, but was denied despite JFTR provisions which allow it.

4.  The fact he did not possess his appropriate weight tickets does not negate the fact that he executed a PPM in accordance with his PCS orders.  Had he possessed the appropriate tickets, the Government would have acknowledged its obligation to the applicant and he would have been entitled to the advance payment, as well as his full reimbursement for the PPM.

5.  Notwithstanding the advisory opinion, the applicant's non-compliance with the administrative aspects of his PPM move does not nullify his entitlement to move his household goods at government expense in accordance with his PCS orders. Therefore, as a matter of equity, it would be appropriate to reimburse him for the cost of moving his household goods to his present duty station as prescribed in the JFTR.

BOARD VOTE:

____x___  ____x___  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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:

	a.  showing he submitted appropriate weight tickets in the amount of 9000 pounds; 

	b.  showing the appropriate authority approved his final request for reimbursement; and

	c.  directing DFAS audit his record and reimburse him any portion of the total debt that has already been collected and paying him any additional entitlement as a resulting of this correction.



      ___________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)                                         AR20110010919



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ABCMR Record of Proceedings (cont)                                         AR20120006328



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