BOARD DATE: 30 July 2013
DOCKET NUMBER: AR20120022120
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 payment for his household goods move prior to his deployment.
2. The applicant states:
* he moved his household goods to his home of record prior to being deployed in order to give himself more time to out process
* he was not afforded the opportunity do any outprocessing prior to deployment and was unaware he needed travel orders prior to doing the move
* had he been allotted the full year to transition under the Army Career and Alumni Program (ACAP) he would have received the proper counseling
* as it worked out he was only afforded a month before his expiration of his term of service (ETS).
3. The applicant provides:
* 2 November 2012 transition point orders
* 14 November 2012 Personally Procured Move Checklist and Certificate of Expenses
* DD Form 2278 (Application for Do It Yourself Move)
* DD Form 1351-2 (Travel Voucher or Subvoucher)
* Certified Automated Truck Scale receipt
*
19 July 2012 and 6 August 2012 Great American Moving and Storage receipts
* Soldier Deployment History Outprocessing Report
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army on 13 September 2006, completed training, and was awarded the military occupational specialty 11C (Indirect Fire Infantryman).
3. On 19 July 2012, the applicant's household goods were picked up by Great American Moving and Storage and delivered on 6 August 2012 at a cost of $2,655.07. Both the pickup and delivery invoices bear a signature of the applicant's name.
4. On 2 November 2012, his separation orders were published.
5. On 14 November 2012, the applicant submitted a Personally Procured Move Checklist and Certificate of Expenses for reimbursement for the movement of his household goods. The available record does not include the documentation related to the denial of this payment.
6. The applicant was honorably released from active duty on 28 December 2012 with 6 years, 3 months, and 16 days of creditable service. His DD Form 214 (Certificate of Release or Discharge from Active Duty) list his deployments as once to Iraq, from 25 January 2009 through 11 May 2009, and five times to Afghanistan; 3 July 2007 - 9 October 2007, 14 December 2009 - 24 March 2010,
17 October 2010 - 4 February 2011, 6 July 2011 - 3 December 2011, and 27 June 2012 - 18 October 2012.
7. An advisory opinion was obtained from the Chief, Transportation Policy Division, Office of the Deputy Chief of Staff on 1 March 2013. It was stated that Joint Federal Travel Regulations authorizes transportation and storage of house hold goods prior to issuance of orders for mission and operational requirements only. The applicant's move was not mission and operational related but for his personal convenience. Reimbursement for personally procured transportation prior to the issuance of orders is not authorized.
8. A copy of the advisory opinion was forwarded to the applicant. The record does not show he elected to rebut the opinion or offer additional argument.
9. Joint Federal Travel Regulations, Volume 1, provides guidance and policy governing military for travel. Reimbursement for travel or transportation of household goods requires approved orders to be issued prior to a service member initiating said travel or transportation.
DISCUSSION AND CONCLUSIONS:
1. While the applicant was attempting to be practical, knowing that shortly after his return from deployment he would probably be leaving active duty, he did not consult with the travel or separation personnel office to determine what options were available for an early move of his family and household goods to his home of record.
2. At the time of the transportation of the applicant's household goods, he had not yet received official orders. Without official orders reimbursement for the move is not authorized and there is no provision in law or regulation to allow for reimbursement of an unauthorized move.
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) AR20120022120
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ABCMR Record of Proceedings (cont) AR20120022120
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