IN THE CASE OF:
BOARD DATE: 30 July 2013
DOCKET NUMBER: AR20120016642
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 storage of his privately owned vehicle (POV) while deployed in support of Operation Enduring Freedom.
2. The applicant states when he was mobilized his orders authorized the storage of his POV while deployed. Based on his orders he and his Army National Guard (ARNG) chain of command believed there was no issue concerning the storage. He contracted with a storage company based on the orders. Upon return from Afghanistan he requested reimbursement for storage but was advised by the Defense Finance and Accounting Service (DFAS) that the additional authorization approving the storage was not completed.
3. The applicant provides no supporting documentation.
CONSIDERATION OF EVIDENCE:
1. The applicant, a sergeant (then specialist) in the Florida ARNG, was called to active duty in support of Operation Enduring Freedom on 14 October 2010.
2. His mobilization orders include the statement "POV storage is authorized contact the local Installation Transportation Office (ITO) for assistance."
3. He served in Kyrgyzstan/Afghanistan from 13 November 2010 through 13 October 2011 and was released from active duty on 1 December 2011.
4. The available documentation does not include any of the storage receipts or give a cost for the storage.
5. An advisory opinion was obtained from the Deputy Chief, National Guard Bureau (NGB), dated 15 February 2013. It is stated that the applicant's mobilization orders authorize his POV storage while in a mobilized status. The applicant believed this authorization was sufficient to allow him to store his vehicle but was unaware of any additional paperwork that might be necessary. The applicant's attempts to get the issue corrected upon return through Fort Bliss have been unsuccessful. The NGB recommended the applicant be granted full relief and have DFAS pay him the appropriate payment for the POV storage. The Florida ARNG concurred with this recommendation.
6. A copy of the advisory opinion was forwarded to the applicant, as of this date no response to advisory opinion has been received.
DISCUSSION AND CONCLUSIONS:
1. The applicant's orders specifically state he is authorized reimbursement for storage of a POV during his mobilization in support of Operation Enduring Freedom.
2. The record shows the applicant and his ARNG chain of command were unaware of the additional requirement to receive approval for the storage from the ITO.
3. While the full and proper preapproval of the storage was not accomplished prior to the applicant's deployment, the storage is authorized and as a matter of equity it is appropriate to show that the applicant received preapproval for the storage of his POV during his deployment.
4. The applicant should resubmit the receipts for his POV storage to DFAS along with a copy of this decisional document for reimbursement.
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 State Army National Guard and Department of the Army records of the individual concerned be corrected by showing the applicant was approved for storage of his POV during his deployment and paying him the appropriate reimbursement upon receipt of the necessary receipts.
_______ _ 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) AR20120016642
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ABCMR Record of Proceedings (cont) AR20120016642
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