IN THE CASE OF:	  

		BOARD DATE:  26 November 2014

		DOCKET NUMBER:  AR20130013748 


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, his debt in the amount of $1,401.35 be remitted. 

2.  The applicant states:

* the non-furnished weight tickets resulted from fraudulent and deceptive actions by the moving company
* on multiple occasions representatives from the moving company swore to him that it was company policy to provide weight tickets on all moves, but this did not happen
* the moving company dumped his items at an unknown storage facility  

3.  The applicant provides:

* undated letter from the Installation Transportation Division, Fort Campbell, KY
* letter of support, dated 18 July 2013, from an Army legal assistance attorney
* email, dated 14 June 2013, from the Florida Attorney General
* witness statements
* documentation pertaining to a previous shipment/weight
* email, dated 12 June 2013, from the Defense Finance and Accounting Service (DFAS) at Indianapolis, IN


CONSIDERATION OF EVIDENCE:

1.  Having prior active service in the U.S. Navy, the applicant enlisted in the Regular Army on 9 February 2011 in the rank of sergeant first class.  He served as a health care specialist.  

2.  He provides an undated letter from the Director of Logistics, Installation Transportation Division at Fort Campbell, KY which states:

* his request to receive a settlement on a personally procured move (PPM) without weight tickets was denied
* he is authorized to receive reimbursement of expenses only

3.  He provides a letter, dated 18 July 2013, from an Army Judge Advocate General who states:

* the applicant was the victim of consumer fraud and fraud in the inducement
* the moving company induced the applicant to purchase their moving services
* the moving company promised and guaranteed to provide weight tickets for his move
* at no point did the moving company ever provide weight tickets
* the applicant should receive settlement for at least 12,500 pounds of household goods moved

4.  He also provides an email, dated 12 June 2013, from DFAS which states:

* records in the Travel Division show he received a payment under the authority of a travel order on 23 May 2012
* either his claim and/or advance is still outstanding, or his entitlements were less than the allotted amount, resulting in a balance due the U.S. Government of $1,401.35 

5.  On 3 October 2013, he was honorably discharged to accept a commission or warrant in the Army.

6.  In the processing of this case, a staff advisory opinion was obtained from the Acting Chief, Transportation Policy Division, Office of the Deputy Chief of Staff, G-4.  The opinion states:


	a.  The Joint Federal Travel Regulations (JFTR) contains basic statutory regulations concerning a uniformed service member's travel and transportation entitlements.  These regulations are interpreted to have the force and effect of law.  The JFTR is issued primarily under the authority of Title 37, U.S. Code, section 411 and chapter 7.  There are circumstances under which payment of certain allowances is prohibited in the JFTR.

	b.  The PPM program selected by the applicant allows him to personally arrange for the movement of his household goods (HHG) not to exceed 95% of what the Government would have paid to procure transportation.  Transportation cost claims should be prepared and submitted in accordance with service regulations (JFTR U1010-B8).  Federal law explicitly prohibits the Defense Department from paying any member under this program more than it would have cost the Government to ship his HHG.  

	c.  A member who personally arranges for transportation is authorized the actual cost reimbursement not to exceed the Government's constructed best value transportation cost for the actual HHG weight transported, not to exceed the member's maximum HHG weight and payment of a monetary allowance equal to 95% of the Government constructed best value transportation cost for the actual HHG weight transported not to exceed the member's maximum HHG weight. 

	d.  That office authorized an exception to policy (ETP) to use the carrier provided invoice showing a reconstructed weight of 13,000 pounds based on the cubic feet conversion 1 cubic foot equals 7 pounds, absent full and empty weight tickets, to reimburse the applicant the actual cost paid to the vendor of $4,559.00.  This estimated cubic feet weight is more than a 2011 Government bill of lading showing 11,740 pounds moved by a transportation office provided carrier.  The applicant requested an advance from DFAS of 60% of the estimated cost of the move for a total of $5,960.00.  However, closing out the PPM reimbursement for actual cost invoice ($4,559.00) leaves a debt owed to DFAS of $1,400.00.  

	e.  That office recommends favorable consideration to waive the $1,400.00 debt. 
   
7.  A copy of the advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or a rebuttal.  He did not respond.



DISCUSSION AND CONCLUSIONS:

1.  According to DFAS records, the applicant incurred a debt for travel entitlements in the amount of $1,401.35. 

2.  It appears, through no fault of the applicant, he was unable to obtain full and empty weight tickets to properly process his HHG move due to negligence on the part of the moving company.  However, an ETP was authorized and he was reimbursed the actual cost paid to the vendor based on an estimated weight, but the estimated weight exceeded what the Government would have paid to procure transportation, so a debt was incurred.  

3.  Based on the favorable recommendation from the Acting Chief, Transportation Policy Division, Office of the Deputy Chief of Staff G-4, it would be appropriate to grant the applicant's request for relief.

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 Department of the Army records of the individual concerned be corrected:

	a.  to show he was granted an exception to policy to ship up to 13,000 pounds of household goods; and









   b.   by remitting his DFAS debt in the amount of $1,401.35.




      _______ _  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)                                         AR20130013748



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ABCMR Record of Proceedings (cont)                                         AR20130013748



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