IN THE CASE OF:	

		BOARD DATE:	    20 May 2014

		DOCKET NUMBER:  AR20130014370 


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 records to show his personally-procured move (PPM) claim packet included a valid, empty weight ticket for the 26-foot truck and 12-foot trailer he used to move his household goods (HHG), at the time of its submission.

2.  The applicant states:

* when he turned in his PPM paperwork, he did not turn in the empty weight ticket for one of the two trucks he used to complete his PPM
* he had the appropriate weight tickets for the truck he rented to move his professional gear, but not for the truck he rented as his main moving truck, which he used to move his HHG
* neither he nor the transportation official who reviewed his case prior to submission realized the error
* instead of calling and requesting the empty weight ticket, the transportation office called to question him about the truck he used to move his professional gear
* when his answers did not satisfy them, they referred his case to the Military Police Fraud Division at Fort Campbell
* by the time the case was resolved and he had been cleared of any charges, the transportation office claimed it was too late to turn in the missing empty weight ticket for settlement of his claim
* after multiple appeals, he was told there was nothing that could be done and he would need to appeal to the Army Board for Correction of Military Records (ABCMR) for correction of the injustice
* regardless of the reasons why his paperwork lacked the empty weight ticket at the time of its submission, the Joint Federal Travel Regulation (JFTR) supports his claim
* even if the weight ticket was obtained later, he cannot be denied reimbursement under the JFTR 
* he understands he did not turn in all of his paperwork on time; however, the first time he was told he was missing a weight ticket was almost        90 days after he completed the travel
* the transportation office called him prior to that; however, they only asked him where he had gotten his weight tickets and why he had rented an extra truck
* to this day, he has not been given any guidance regarding the timeframes for PPM submission and reimbursement
* if he had been told he was missing a weight ticket when the packet was initially reviewed, he could have remedied the situation then, instead of     9 months later

3.  The applicant provides:

* PPM Checklist and Certification of Expenses
* DD Form 1351-2 (Travel Voucher or Subvoucher)
* Orders 290-00027, issued by the U.S. Army Intelligence Center of Excellence, Fort Huachuca, AZ, on 17 October 2011
* Orders 354-00019, issued by the U.S. Army Intelligence Center of Excellence, Fort Huachuca, AZ, on 20 December 2011
* DD Form 2278 (Application for Do-It-Yourself Move and Counseling Checklist)
* two weight tickets from Horizon Moving Systems, Inc., Sierra Vista, AZ
* 4 rental agreements/receipts from U-Haul rental facilities in Sierra Vista, AZ and Clarksville, TN (greater Fort Campbell)
* two weight tickets from Certified Scales, Oak Grove, KY
* numerous fuel receipts 

CONSIDERATION OF EVIDENCE:

1.  On or about 13 May 2007, the applicant was appointed as a Reserve commissioned officer of the Army.  He entered active duty, completed his Military Intelligence (MI) branch qualification, and has been serving continuously since his entry date.  

2.  On 1 June 2010, he was promoted to the rank of captain (CPT).

3.  On or about 29 August 2011, he began attending the MI Captain's Career Course (CCC) at the MI Center of Excellence, Fort Huachuca, AZ.

4.  On 17 October 2011, he was ordered to execute a permanent change of station (PCS) move from Fort Huachuca, AZ, to Fort Campbell, KY.  The stated report date on these orders is 17 February 2012; however, his report date was later amended to 23 April 2012. 

5.  On 28 October 2011, he completed a DD Form 2278, wherein he signified his intent to move his family's HHG by a PPM.  This form was signed by a counselor on the same date, signifying his approval of the applicant's request to move his family's HHG by a PPM.

6.  On 3 February 2012, he completed the MI CCC.

7.  On or about 23 April 2012, he was assigned to the 160th Special Operations Aviation Regiment at Fort Campbell, KY.

8.  On or about 4 May 2012, he completed his PPM Checklist and Certification of Expenses, and submitted his PPM settlement voucher with the Finance and Accounting Officer (FAO) at Fort Campbell, KY.  On his PPM Checklist and Certification of Expenses, he placed an "X" before each item, indicating he was submitting both the empty and loaded weight tickets with his claim.

9.  There is no documentation in the available records, and the applicant did not provide any documentation, that shows what he was paid as settlement for his PPM.

10.  He provides: 

   a. 2 weight tickets from Horizon Moving Systems, Inc., Sierra Vista, AZ, which show he weighed a U-Haul truck and cargo trailer, both empty and loaded, on 12 March 2012.  The weight tickets appear to indicate his cargo consisted of professional gear (uniforms, specialized clothing, reference materials, books, etc.)

   b. 4 rental agreements/receipts from U-Haul rental facilities in Sierra Vista, AZ and Clarksville, TN.  Two of the receipts were issued on 10 April 2012, in Sierra Vista, AZ, when he took possession of a 26 ft. rental truck and 12 ft. trailer, and the other two receipts were issued on 24 April 2012 in Clarksville, TN, when he turned them in at the conclusion of his rental period. 

   c. A weight ticket from Certified Scales in Oak Grove, KY, dated 15 April 2012, which shows he weighed a loaded truck and that truck registered a gross weight of 25,000 pounds.  The truck and trailer manufacturer, identification numbers, and lengths are not identified on the weight ticket. 

   d. A weight ticket from Certified Scales in Oak Grove, KY, dated July 2012, which shows he weighed an empty truck and that truck registered a gross weight of 14,160 pounds.  The truck and trailer manufacturer, identification numbers, and lengths are not identified on the weight ticket; therefore, it cannot be determined, from a review of the weight ticket alone, whether the truck and trailer weighed in this instance was the same manufacturer, style, and length as the truck and trailer weighed in sub-paragraph c. above.  Additionally, he did not provide the rental agreement/contract for the vehicle he rented to obtain this weight ticket, as a means of determining its similarities in comparison to the truck and trailer used to move his family's HHG in April 2012.

11.  On 17 September 2013, in the processing of this case, a staff advisory opinion was obtained from the Director, Travel Functional Area Standards and Compliance, Defense Finance and Accounting Service (DFAS), Indianapolis, IN.  Based on the documents provided, the applicant's PPM settlement voucher, and the JFTR in effect at the time of his move, DFAS provided the following advisory opinion:

* CPT [Applicant] and his family left Fort Huachuca, AZ on 2 February 2012 and traveled to Sierra Vista, AZ, where he was in a leave status until 
		13 March 2012
* on 13 March 2012, CPT [Applicant] and his family began their travel to Fort Rucker, AL, arriving on 18 March 2012
* CPT [Applicant] attended the Survival, Evasion, Resistance, and Escape course at Fort Rucker in a temporary duty (TDY) – en-route status, which he completed on 9 April 2012
* on 9 April 2012, CPT [Applicant] and his family departed Fort Rucker and arrived in Hopkinsville, KY, [near Fort Campbell] on 11 April 2012
* CPT [Applicant] remained in a leave status until he reported for duty on  23 April 2012
* according to CPT [Applicant], he submitted empty and full weight tickets, dated March 2012, for a 17-foot truck and a 10-foot trailer with his PPM claim 
* these weight tickets were obtained prior to his actual move and reflected weights using a truck and trailer he intended to use for a local move – when he realized he wouldn't have sufficient time to move his property, he returned the truck and trailer to U-Haul
* he later rented a 26-foot truck and 12-foot trailer and used the weight tickets for the 17-foot truck and 10-foot trailer to claim reimbursement
* since the weight tickets for the 17-foot truck and 10-foot trailer were obtained prior to his actual move in April 2012, they are not authorized for use to establish his shipping weight and should not have been submitted with his PPM claim
* CPT [Applicant] returned the 26-foot truck and 12-foot trailer to the U-Haul dealer in Clarksville, TN, on the morning of 24 April 2012
* in his PPM claim packet, he submitted a full weight ticket dated 15 April 2012; however, he did not submit an empty weight ticket from earlier in April
* in July 2012, he rented another truck from U-Haul [presumably the same size as the 26-foot truck used during his PCS move], weighed the truck empty, obtained the empty weight ticket, and presented that weight ticket as part of his PPM claim packet
* since the July 2012 weight ticket does not pertain to his PPM move, there is no authority to use it
* without both weight tickets, the Government is unable to properly calculate the amount of actual weight shipped and cannot calculate what the Government's cost would have been if the Government shipped the same amount of weight
* under the JFTR, chapter 5, paragraph U5320-D, service members may arrange for the shipment of their HHG, which is known as a PPM
* the Government's cost limit is based on the member's maximum HHG weight allowance; however, without both weight tickets, the Government cannot properly calculate the actual weight or its costs, had the Government shipped the same amount of weight
* the Department of Defense Financial Management Regulations (DODFMR), volume 9, chapter 6, paragraph 060302-B specifically states that no PPM incentive claim can be computed without valid weight tickets or an approved constructive weight by the Transportation Office
* without both weight tickets of the transportation office providing the constructive cost memorandum, the PPM incentive cannot be properly computed to ascertain the correct and proper reimbursement
* other inconsistencies were noted, pertaining to his receipts and travel and leave dates
* based on the inconsistencies noted in his PPM claim, DFAS cannot accurately calculate the weight shipped and the amount due based on the incentive or actual cost
* DFAS did not find any errors in the orders or other records to be corrected

12.  On 18 October 2013, 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.  

13.  On 30 October 2013, the applicant submitted a lengthy rebuttal, in which he stated:

* the 17-foot truck and 10-foot trailer were rented to consolidate his personal property from an off-site storage unit to his home
* because of time limitations and the birth of his daughter, he ran out of time before his TDY en-route school date and could only move his professional gear with this truck and trailer prior to turning them in
* he ensured this was annotated on the weight tickets and informed the transportation office why those weight tickets were included with his PPM claim packet
* after he arrived at Fort Campbell and submitted his PPM claim packet, he discovered he had neglected to supply the empty weight ticket – which he recognizes as his fault
* he was notified of this by the U.S. Army Criminal Investigation Command (CID) in July 2013
* he was investigated for fraud; however, CID found insufficient evidence that fraud occurred
* because of the fraud investigation, his claim packet was not processed 
* the Transportation Office did nothing to assist him in accurately completing and submitting his PPM claim packet
* despite his empty weight ticket being obtained and turned in after the fact, he cannot find any provision of the applicable portion of the DODFMR that prohibits the processing of his PPM claim

14.  In accordance with chapter 5, paragraph U5320-D(4), of the JFTR and chapter 10, paragraph 100506-G, of DFAS – Indianapolis Regulation 37-1, the minimum documents required for filing for reimbursement for a PPM are a DD Form 2278, certified weight tickets, travel orders, and a completed DD Form 1351-2.  Receipts are also required when claiming operating expenses.

15.  JFTR, paragraph U5320(2), provides guidance for members who choose to personally arrange for government-procured transportation of HHG and/or non-temporary storage (NTS) when it is available.  The JFTR states that a member who personally arranges for transportation or NTS is entitled to:

   a. reimbursement of the actual cost not to exceed the government's constructed transportation and/or NTS cost, or

   b. payment of a monetary allowance equal to 95 percent of the government's constructed cost when a shipping or transportation officer is available or if the member chooses to arrange for HHG transportation or NTS at personal expense.

16.  JFTR, paragraph U5320-D(4), provides final settlement for reimbursement of actual expenses requires submission of certified weight certificate(s) or an acceptable constructed HHG weight.  When government-procured transportation and/or NTS is available, the government must never incur expenses for the HHG movement in excess of 100 percent of the government's projected cost to transport the HHG commercially.  Any excess is the member's financial responsibility.

17.  DODFMR, Volume 9, Chapter 6, paragraph 060302 provides that as an incentive, a service member may elect to personally procure HHG transportation (known as a PPM) and be paid a monetary allowance of 95 percent of what it would cost the Government.  The member must have orders authorizing a PCS move.  No PPM incentive claim can be computed without valid, certified weight tickets for gross and empty weights, or an approved constructive weight by the transportation office.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his records to show that at the time of his PPM claim submission, his packet included a valid, empty weight ticket for the 26-foot truck and 12-foot trailer he used to move his HHG.  This request was carefully considered; however, there is insufficient evidence to warrant a grant of relief.

2.  The evidence of record shows he was authorized to perform a PPM from Fort Huachuca, AZ, to Fort Campbell, KY.  He executed that PPM; however, his claim packet did not contain an empty weight ticket for the 26-foot truck and 12-foot trailer he used to move his HHG.

3.  Upon discovering this error, and in an attempt to reconcile it, he rented another U-Haul truck in July 2012, weighed it empty, obtained the empty weight ticket, and submitted that ticket in place of the actual empty weight ticket he should have submitted from April 2012.  The status of the original empty weight ticket from April 2012 is unknown.

4.  The weight ticket from July 2012 does not contain any information related to the truck being weighed.  The truck and trailer manufacturer, identification numbers, and lengths are not identified on the weight ticket; therefore, it cannot be determined, from a review of the weight ticket alone, whether the truck and trailer weighed in this instance was the same manufacturer, style, and length as the truck and trailer weighed when full.  Additionally, he did not provide the rental agreement/contract for the vehicle he rented to obtain this weight ticket, as a means of determining its similarities in comparison to the truck and trailer used to move his family's HHG in April 2012.
 
5.  Absent such information, there is no basis for granting the requested relief.

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 that 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)                                         AR20090005453



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ABCMR Record of Proceedings (cont)                                         AR20130014370



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