BOARD DATE:	  15 November 2012

		DOCKET NUMBER:  AR20120006341


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 reinstatement of his military transportation entitlement.

2.  The applicant states:

* he retired from the U.S. Army on 1 April 2008
* in the summer of 2011, he conducted a permanent change of station (PCS) move mandated by the Base Realignment and Closure (BRAC) Act as a Department of the Army Civilian (DAC) employee from Fort McPherson, GA to Williamsburg, VA
* an official in the Fort McPherson, GA, Transportation Office recommended that he use his personally procured move (PPM) (formerly known as a do-it-yourself (DITY) move) entitlement from his military retirement orders to move a portion of his personal property
* this official ensured him the execution of a PPM would not impact his military household goods (HHG) shipment entitlement which he wanted to keep for the maximum period through 31 March 2014
* his DAC PCS orders authorized HHG shipment which he used, as well as a partial PPM which he did not use, because he was advised to use his military retirement orders for this portion of the move
* had he known this would affect his entitlement to move his HHG under his military retirement orders, he would not have followed the transportation official's advice and instead would have used his DAC PCS orders to execute the PPM portion of his move


3.  The applicant provides:

* Orders 324-0001 issued by Headquarters, Fort McPherson, Fort McPherson, GA, dated 20 November 2007
* DD Form 1614 (Request/Authorization for Department of Defense Civilian Permanent Duty or Temporary Change of Station Travel), Travel Authorization Number 2-2, dated 18 February 2011
* memorandum to the Fort Stewart, GA Transportation Office, dated 24 February 2011, subject:  Request for Extension of Military Transportation Entitlement
* memorandum from Headquarters, 3rd Infantry Division (Mechanized) and Fort Stewart, Fort Stewart, GA, dated 24 February 2011, subject:  Request for 2nd Extension of the One-Year Time Limit for Shipments of Personal Property and Travel
* DD Form 2278 (Application for DITY Move and Counseling Checklist), dated 9 June 2011
* copy of e-mail from the Defense Finance and Accounting Service (DFAS), dated 21 June 2011, subject: Travel Voucher Settlement (ROPCS)
* memorandum to the Atlantic Region Transportation Officer, dated 18 January 2012, subject:  Request for Extension of Military Transportation Entitlement
* several pages of e-mail between the applicant and an official from the Logistics Office (Transportation) at Installation Management Command (IMCOM)-Atlantic Region, dated 22-23 February 2012
* several pages of e-mail between the applicant and officials at Headquarters, Department of the Army (HQDA), and DFAS, dated 
22-23 March 2012

CONSIDERATION OF EVIDENCE:

1.  The applicant currently serves as a DAC employee in the grade of General Schedule 15.

2.  On 10 May 1980, he was appointed as a commissioned officer in the Regular Army in the rank/grade of second lieutenant/O-1.  He served continuously on active duty through multiple stateside, overseas, and combat assignments in positions of increased responsibility and attained the rank/grade of colonel (COL)/O-6.

3.  Orders 324-0001, Headquarters, Fort McPherson, Fort McPherson, GA, dated 20 November 2007, announced his retirement effective 31 March 2008.  These orders state, "You are authorized travel allowances for up to 1 year after separation to a home of selection within the United States."

4.  On 31 March 2008, he was honorably retired from the Army in the rank/grade of COL/O-6 after 27 years, 10 months, and 21 days of faithful and honorable service.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was separated from the service at Fort McPherson, GA.

5.  On 1 April 2008, he was placed on the Retired List in the rank/grade of COL/O-6.  On some date following his placement on the Retired List, he accepted employment as a DAC employee as a Supervisory Program Manager at the U.S. IMCOM-Southeast Region, Fort McPherson, GA.

6.  On 18 February 2011 as required under BRAC law, he received Travel Authorization Number 2-2 which authorized his relocation from Fort McPherson, GA to Fort Eustis, VA.  These orders authorized the shipment of his HHG via government bill of lading (GBL) and a PPM in conjunction with his GBL.  The weight of his HHG moved under the partial PPM and GBL, when combined, could not exceed 18,000 pounds.

7.  On 24 February 2011, the Fort Stewart, GA, Transportation Office granted his request for a 1-year extension of his military transportation entitlement through 31 March 2012.

8.  On 16 May 2011, he commenced PCS movement in accordance with his BRAC-ordered agency relocation from Fort McPherson, GA, to Fort Eustis, VA.

9.  On 9 June 2011, he filed a request for reimbursement of his PPM from Peachtree City, GA, to Williamsburg, VA.  His DD Form 2278 shows he cited his military retirement orders as the authority for his move.  On 21 June 2011, his voucher was settled and he was paid $465.40 for his PPM.

10.  On 18 January 2012, he requested another 1-year extension of his military transportation entitlement.

11.  On 23 February 2012, he followed up on his request for extension.  In an    e-mail exchange, a transportation management specialist in the Logistics Office (Transportation), IMCOM-Atlantic Region, informed him his PPM paid by his military retirement orders constituted his military retirement move and consequently he was ineligible for further extensions.  This official referred the applicant to the Army Board for Correction of Military Records for reinstatement of his military transportation entitlement.

12.  On 23 March 2012, officials at HQDA and DFAS, in response to a request for further clarification on this issue, cited the legal and regulatory basis for denying further extension of the applicant's military transportation entitlement.  Specifically, they cited provisions found in the Joint Federal Travel Regulation (JFTR) and guidance from the Government Accounting Office.

	a.  JFTR, paragraph U1005 (Prohibition Not Stated), provides that the JFTR creates the authority for payment of certain allowances.  There may be circumstances when travel and transportation allowances are prohibited and are so stated in the JFTR.  However, just because a prohibition is not stated does not mean that an allowance exists or may be authorized (e.g., the philosophy of "it doesn't say I can't, therefore I can" does not apply to the JFTR).

	b.  JFTR, paragraph U5012 (Home of Selection (HOS)), provides that once a location is selected, that selection is irrevocable if transportation-in-kind is furnished and used, or travel and transportation allowances are received after the travel is completed.

	c.  The Government Accounting Office determined in a 27 January 1997 Defense Office of Hearings and Appeals case that the U.S. Government cannot be bound by the erroneous acts of its agents, even when committed in the performance of their official duties.  The Comptroller General has held that neither misrepresentation by a transportation officer nor misinformation provided by military officials provides a legal basis for reimbursement.

13.  Volume 1 (Uniformed Service Personnel) of the JFTR contains basic statutory regulations concerning official travel and transportation of members of the uniformed services.  Paragraphs U5130, U5230, and U5365-F contain the policy and procedures pertaining to the shipment of HHG to an HOS by uniformed service personnel upon retirement.  In effect, these paragraphs authorize a member travel and transportation allowances to an HOS selected by the member from his last permanent duty station (PDS) upon retirement.  They state that a member on active duty is entitled to travel and transportation allowances to a home selected by the member from the last PDS upon retirement.  They also establish time limitations for shipment of HHG and state that travel must be completed within 1 year from the active service termination date.

14.  Extension provisions to the 1-year time limit are also provided for deserving cases under the Secretarial process.  This process allows for extensions based on an unexpected event beyond the member's control that prevents movement to a PDS within the specified time limit.  An extension of the time limit may be authorized by the Secretarial process if it is in the best interest of the service or substantially to the member's benefit and not costly or otherwise adverse to the service.  These extensions are approved for the specific period of time that the member anticipates is needed to complete the move and the member may request a further extension if additional time is required.  Paragraph U5012-I of volume 1 of the JFTR provides the policy on restrictions to time limit extensions and states that a written time-limit extension that includes an explanation of the circumstances justifying the extension may be approved for a specific additional time period using the Secretarial process.  However, extensions under this process will not be authorized if it extends travel and transportation allowances for more than 6 years from the separation/retirement date.  These JFTR provisions and time limitations for the shipment of HHG were also in effect at the time of the applicant's retirement.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for reinstatement of his military transportation entitlement was carefully considered.

2.  He was honorably retired on 31 March 2008.  His retirement orders stated he was authorized up to 1 year to complete selection of a home and complete travel in connection with his retirement.  The JFTR provides for extensions of the transportation entitlement in 1-year increments, up to an additional 5 years.  The applicant was approved for three extensions.

3.  He executed a PCS move in accordance with Travel Authorization 
Number 2-2, the order that directed his relocation as a DAC from Fort McPherson, GA, to Fort Eustis, VA.  However, after completing this PCS move, he did not seek reimbursement for his PPM from this order.  Instead, he chose to cite his military retirement orders as the authority under which the move was conducted, despite the proper authority and funding for such a PPM in Travel Authorization Number 2-2.  Therefore, in accordance with the JFTR, he used his military transportation entitlement after retirement and is no longer eligible for this benefit.

4.  He contends the wrongful counseling he received from a transportation official was the basis for his election to cite his military retirement orders as authority for his PPM.  This contention was considered and rejected for at least two reasons.

	a.  First, he provided no further evidence to support his contention he was inappropriately counseled.

	b.  Second, as a retired officer of his stature, he knew or should have known it was inappropriate to use his military retirement orders as authority to fund his PPM, given that sufficient funding was available in his civilian relocation order.  This would only be appropriate if he intended this relocation to constitute his retirement move.

5.  Based on the foregoing, there is an insufficient basis 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 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)                                         AR20100014063



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ABCMR Record of Proceedings (cont)                                         AR20120006341



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