IN THE CASE OF:	  

		BOARD DATE:	  23 April 2013

		DOCKET NUMBER:  AR20120008291 


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, correction of his military records to show he was granted authorization to ship his household goods prior to the issuance of his discharge orders.

2.  The applicant states he and his wife moved themselves in conjunction with his being discharged from the Army.  However, he made the move prior to the publication of the orders authorizing his move.  He argues that he had to move early because his lease was expiring and he could not renew it for such a short period of time.  He also contends that he did not know he could not move his household goods prior to receiving his orders.

3.  The applicant provides copies of:

* Email communications with the Chief, Personal Property, Fort Leonard Wood, MO dated in March and April 2012
* Orders 065-1305, Fort Leonard Wood, MO, dated 5 March 2012
* DD Form 214 (Certificate of Release or Discharge from Active Duty)

CONSIDERATION OF EVIDENCE:

1.  On 13 January 2010, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty 91L (Construction Equipment Repairer).


2.  On 1 September 2011, the applicant was advanced to specialist, pay 
grade E-4.

3.  An email communication provided by the applicant indicates that he had requested an exception to policy to move his household goods prior to receiving his discharge orders.  This email further indicates that the Chief, Personal Property Office, had determined the applicant's lease was to expire soon.  On 
21 February 2012, the applicant moved his family back to his home of record.  He also moved 8,200 pounds of household goods and had the weight tickets.  His authorized maximum allowance of household goods was only 8,000 pounds.  The applicant's request was denied by the U.S. Army, G-4 (Logistics Officer).  He was advised that he could resubmit the request if he could secure a vocal authorization from his former commander, or he could apply to this Board for consideration.

4.  Orders 065-1305, Fort Leonard Wood, MO, dated 5 March 2012, directed the applicant's discharge on 9 March 2012.  These orders also authorized him to ship household goods at the dependent rate.

5.  On 9 March 2012, the applicant was discharged in accordance with his orders.  He had completed 2 years, 1 month, and 27 days of creditable active duty service.

6.  In the processing of this case, an advisory opinion was obtained from the Office of the Deputy Chief of Staff, G-4, Washington, DC.  The opinion stated that the G-4 was unable to authorize reimbursement for the applicant's personally procured move of household goods because he had made the move prior to the issuance of orders.  The general information that was provided to the applicant concerning his shipping of personal property was not considered as advice that the order was to be issued.  However, the G-4 had no objection if this Board should decide to authorize such authorization and reimbursement.

7.  Joint Federal Travel Regulation (JFTR) provides at paragraph U5330-G that a "prior to issuance of orders" is required for the transportation of household goods that are to be shipped prior to the actual publication of orders authorizing such shipment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his military records should be corrected to show he was granted authorization to ship his household goods prior to the issuance of his discharge orders.  He bases this request on his not knowing he had to have the orders before making the actual shipment.
2.  The available evidence clearly shows that the applicant completed the shipment of his household goods prior to the publication of orders authorizing such shipment.  According to the JFTR, such shipments are not reimbursable.  Therefore, no error has occurred in this case.

3.  However, there was an injustice.  The applicant had only been in the military for a short period of time and was trained as a construction equipment repairer.  He could not reasonably be expected to know and understand the governing regulation concerning the shipment of household goods.  The evidence shows that he had a very short time in which to accomplish his move which was complicated by the expiration of his lease.  There is no evidence showing that he had received adequate counseling concerning his entitlements that included the movement of his family and personal property.

4.  The applicant's discharge orders clearly authorized him to move his family and to ship his personal property.  His maximum weight allowance was 8,000 pounds; however, he shipped 8,200 pounds.  It would not be prudent to reimburse him for the excess weight he shipped.

5.  Therefore, it would be appropriate to grant him the relief he is seeking by showing he was provided a "prior to issuance of orders" advice on or before 
21 February 2012 authorizing him to ship his household goods prior to the actual publication of his discharge orders.

BOARD VOTE:

___x____  ____x___  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  showing he was provided a "prior to issuance of orders" advice on or before 21 February 2012 authorizing him to ship his household goods prior to the actual publication of his discharge orders;
	b.  showing that this advice was accepted as adequate proof of his authorization to ship his personal property; and

	c.  reimbursing him for the shipment of his full weight allowance of 8,000 pounds.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to reimbursing him for that portion of his shipment of household goods that exceeded 8,000 pounds.




      _______ _   _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)                                         AR20120008291





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ABCMR Record of Proceedings (cont)                                         AR20120008291



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