IN THE CASE OF:	  

		BOARD DATE:  27 February 2014

		DOCKET NUMBER:  AR20130008836 


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, that his records be corrected to show he was authorized to move his household goods (HHG) via a personally procured move (PPM) (also known as a DITY (Do It Yourself) move) in September 2012 prior to the issuance of orders on 24 January 2013 for separation with disability severance pay on 14 March 2013.

2.  The applicant states he moved early because he was told he would be out of the Army by October 2012, which was only a month short of his expiration of term of service (ETS).  His family had found a house and his children were enrolled in school.  Because his unit sat on his paperwork, his medical board was delayed.  He was not told he had to extend his ETS until after he had moved his HHG and dependents.  He asked if the extension would hurt his PPM and was told he would still be reimbursed for the move.  His chain of command had approved his leave to move his HHG and dependents to his home of record (HOR).

3.  The applicant provides:

* a memorandum, dated 22 October 2012, from William Beaumont Army Medical Center (WBAMC), El Paso, TX
* an affidavit, signed by the applicant on 29 October 2012
* a memorandum, dated 9 November 2012, from WBAMC
* a memorandum, dated 14 December 2012, from WBAMC
* DD Form 1351-2 (Travel Voucher or Subvoucher), dated 13 January 2013
* a Personal Property Information Sheet, dated 25 January 2013
* a DD Form 2278 (Application for DITY Move and Counseling Checklist), dated 28 January 2013
* PPM Checklist and Certification of Expenses, dated 28 January 2013, with receipts
* his separation orders, dated 24 January 2013
* DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 14 March 2013
* his Enlisted Record Brief

CONSIDERATION OF EVIDENCE:

1.  On 13 June 2006, he enlisted in the Regular Army for 6 years and 24 weeks.  

2.  He served in Afghanistan from 6 May 2007 to 8 March 2008 and from 
22 November 2009 to 4 November 2010.

3.  In September 2012, he moved his HHG and his dependents from Fort Bliss, TX to his HOR, Orwell, OH.  This was a DITY move.

4.  A memorandum dated 22 October 2012 notified the applicant's chain of command that he was undergoing a medical board at WBAMC.

5.  On 29 October 2012, the applicant signed an affidavit stating he did desire to be retained on active duty beyond his scheduled ETS for the purpose of completing hospital care and/or physical disability evaluation.

6.  On 9 November 2012, he was approved for extension of his enlistment until 25 February 2013 or completion of his Physical Evaluation Board, whichever occurred first.

7.  A memorandum, dated 14 December 2012, from WBAMC notified him of his disability separation and directed him to report to the Transition Branch for transition processing.  His projected release date as provided by the U.S. Army Physical Disability Agency was 14 March 2013.

8.  Headquarters, U.S. Army Garrison, Fort Bliss, Fort Bliss, TX Orders 024-0125, dated 24 January 2013, reassigned the applicant to the U.S. Army transition point at Fort Bliss with a projected discharge date of 14 March 2013.  Additional instructions included:

* percentage of disability - 20%
* authorized disability severance pay in pay grade E5 based on 6 years, 
9 months, and 2 days of service
* authorized movement of HHG and dependents at Government expense

9.  On 14 March 2013, he was discharged by reason of disability, severance pay, non-combat (enhanced).  He completed 6 years, 9 months, and 2 days of active service that was characterized as honorable.

10.  On 13 January 2013, he filed a DD Form 1351 and a DD Form 2278 for his DITY move in September 2012.

11.  In the processing of this case an opinion was received from The Office of the Deputy Chief of Staff, G4.  G4 recommended disapproval of the applicant's request.  G4 stated reimbursement for the PPM would afford the applicant an allowance not afforded to other Service members who personally procure the transportation of HHG without a prior issuance of orders memorandum or verbal orders of the commanding officer.

12.  The applicant did not provide a response to the above opinion.

13.  Volume 1 of the Joint Federal Travel Regulation (JFTR) contains guidance on the HHG transportation entitlements of members separated from the service or relieved from active duty. 

	a.  Paragraph U5125 (SEPARATION FROM THE SERVICE OR RELIEF FROM ACTIVE DUTY EXCEPT FOR DISCHARGE WITH SEVERANCE OR SEPARATION PAY) states a member on active duty in the United States is authorized travel and transportation allowances from the last permanent duty station to the home of record or place of entry on active duty (PLEAD).

	b.  Paragraph U5330 (FACTORS AFFECTING HHG TRANSPORTATION), Section G (HHG Transportation before an Authorization/Order Is Issued) provides that HHG transportation (before a PCS authorization/order is issued) is authorized if the request for transportation is supported by a statement from the permanent change of station (PCS) Authorizing/Order-Issuing Official or Approving Official (AO) or a designated representative that the member was advised before such an authorization/order was issued that it would be issued.

DISCUSSION AND CONCLUSIONS:

1.  He contends he was told he would be out of the Army in October 2012 so he did a DITY move in September 2012 because his family had found a house and 

his children were enrolled in school.  However, there is no evidence he was told to obtain a statement from the PCS AO that he was advised, prior to issuance of orders, by the PCS AO he would be issued orders for separation.

2.  Instead, in October 2012 his chain of command was notified he was undergoing a medical board and finally in November 2012 his enlistment was extended until 25 February 2013.  There is no evidence as to why there was an unusually long delay in his medical board processing.

3.  The applicant served honorably in the U.S. Army for over 6 years and completed two tours in Afghanistan.  

4.  G4's recommendation is noted.  However, under the provisions of paragraph U5125 of the JFTR individuals who are separated from service are entitled movement of their HHG and dependents to their HOR or PLEAD.  Paragraph U5330 of the JFTR provides for this movement prior to the actual issuance of orders.

5.  Therefore, in view of the above and the fact that the applicant was authorized to ship HHG and dependents to his HOR, it would be equitable to correct his records to show he was issued a statement indicating he was advised, prior to issuance of orders, by the PCS AO he would be issued separation orders.

BOARD VOTE:

____X___  ____X___  ___X__ _  GRANT FULL 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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he was issued a statement from the PCS AO or designated representative that he was advised prior to the movement of his HHG and prior to issuance of orders that he would be issued separation orders.

2.  The Board also determined that the Defense Finance and Accounting Service (DFAS) should pay the applicant any travel and transportation entitlements he is due as a result 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)                                         AR20130008836



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ABCMR Record of Proceedings (cont)                                         AR20130008836



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