IN THE CASE OF: 

		BOARD DATE:	  22 May 2014

		DOCKET NUMBER:  AR20130015781 


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 he was authorized to ship a privately owned vehicle (POV) at government expense in conjunction with his discharge. 

2.  The applicant states he got out of the Army in May 2013 after spending 8 honorable years.  He was stationed with the 25th Infantry Division on the island of Oahu.  He wanted to move back to the Big Island (Hawaii) where his home of record (HOR) is.  He moved his truck to Hawaii and he now seeks reimbursement for that move.  When he spoke with the transportation office at Schofield Barracks they scheduled the movers on 27 August 2013 but in order to receive reimbursement for the truck, he was told he would have had to go through this Board to get reimbursed.  He believes he is fully entitled to the cost of shipping his truck after completing his service.  He does not understand why he has to go through this process to get his money back. 

3.  The applicant provides his separation orders and a Bill of Lading. 

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he signed a DA Form 597 (Army Senior Reserve Officers' Training Corps Scholarship Cadet Contract) on 10 September 2001.  He listed his address as Kailua-Kona, Hawaii. 

2.  He was appointed as a Reserve commissioned officer of the Army at Embry-Riddle Aeronautical University, Daytona Beach, FL, and executed an oath of office on 7 May 2005. 

3.  He was ordered to active duty effective 7 May 2005.  His active duty orders listed his HOR as Kailua-Kona, Hawaii.  He served in a variety of assignments at Fort Irwin, California; Korea; Iraq; and Schofield Barracks, Hawaii.  He attained the rank of captain (CPT).  He was last assigned to C Company, 3rd Battalion, 25th Aviation Regiment, Schofield Barracks, Hawaii. 

4.  On 21 November 2012, Headquarters, U.S. Army Garrison, Schofield Barracks, Hawaii, published Orders 326-0006 ordering his transfer to the U.S. Army transition point at Schofield Barracks, Hawaii for separation outprocessing, effective 21 February 2013.  The orders listed his HOR as Kailua-Kona, Hawaii.  The additional instructions stated: 

You are authorized up to 180 days from the date of separation to complete travel, shipment, of household goods, and POV, in conjunction with this action to HOR or place entered active duty.

5.  He was honorably discharged from active duty on 9 May 2013.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) listed his HOR as Kailua-Kona, Hawaii. 

6.  The applicant provides a Bill of Lading, dated 17 April 2013, that shows he shipped his POV from Honolulu, Island of Oahu, to Kawaihae, Island of Hawaii.  The total expense was $404.26.

7.  An advisory opinion was received from the Office of the Deputy Chief of Staff, G-4, on 6 November 2013, in the processing of this case.  The G-4 official opined: 

	a.  Paragraphs U5405 and 5425 of the Joint Federal Travel Regulation (JFTR) authorize the transportation of one POV under separation orders to an HOR or place entered active duty located outside the continental United States.  Reimbursement for personally procuring the transportation of a POV is authorized if the transportation was based on erroneous advice from a transportation office. 

	b.  The documentation provided by the applicant indicates he personally procured the transportation of a POV to his HOR, Kailua-Kona, Hawaii, in April 2013.  His statement advises that he discussed the reimbursement for the transportation of his POV with a transportation office in conjunction with the application for shipment of household goods in August 2013 after the shipment of his POV. 

	c.  Unless the applicant provides documentation to show he was advised by the transportation office to personally procure the transportation of his POV, reimbursement cannot be authorized.  The JFTR does not provide the Services any leeway to make exceptions. 

8.  The applicant responded by email on 28 November 2013.  He stated he recently got the shingles virus and has had a difficult time viewing emails.  When he received this opinion, he called the Schofield Barracks transportation office and spoke to one of their transportation officers.  He explained to them that an individual with the name Sxixax Cxsxexs had instructed him that he could ship his vehicle with the transportation office or could ship it himself but would have to do extra paper work.  He chose to ship his vehicle because he just recently got back from Afghanistan and was getting out of the Army.  He was also unaware of the issue without using the transportation office.  The transportation officer that he explained his conversation with Sxixax Cxsxexs to stated she no longer works there and made it sound like she had been let go.  He was then directed to speak with Exix Bxaxe, one of the directors for the transportation office, but never received a call back after numerous calls.  He is asking for Board consideration during this frustrating period.  He served our country in numerous deployments and simply wants to be reimbursed for his last expense that is understandably valid.  He asks the Board to have some understanding for the confusion and misinformation he received.  He would like to view the last experiences with the military as a positive.  

9.  Paragraph U5405 of the JFTR states: Initial Authority.  A POV may be authorized by a permanent change of station (PCS) order to be transported for the member's or dependents' personal use when: (1) Ordered to make a PCS to, from, or between OCONUS permanent duty station (PDSs); (2) A change in a ship’s home port is authorized; or (3) Any of the conditions in paragraph U5415, or the conditions in paragraph U5417, are met dealing with CONUS to CONUS transportation of a POV.  An order authorizing a PCS to, from, or between OCONUS PDSs may authorize POV shipment even though the POV can be driven between the PDSs involved (e.g., a member PCSing from Germany to Italy may be authorized shipment of a POV).

10.  Paragraph U5425 (Transportation Methods) of the JFTR states in sub-paragraph (b) (Personally Procured Transportation), an eligible member, who has not transported a POV at government expense incident to a PCS, is authorized reimbursement for the expense incurred only if personally procured POV transportation was based on erroneous advice of a government representative.  Reimbursement must not exceed the cost that would have been incurred if the government had arranged the transportation.  The cost of a vehicle transported on a car ferry with the member/dependent(s) is a reimbursable transportation expense (par. U5116-C3) and does not constitute transportation of a POV.  Additional authority exists for reimbursement under other very limited circumstances.

DISCUSSION AND CONCLUSIONS:

1.  The applicant shipped his POV at his own expense from the Island of Oahu to the Island of Hawaii on 17 April 2013.  He neither requested nor was he authorized a personally procured movement of this POV.  He first contacted the transportation office in August 2013 and inquired about shipment of his household goods and his POV.  No one misled him and no one failed to counsel him.  

2.  While the applicant's honorable service is not in question, the fact remains that reimbursement for personally procuring the transportation of a POV is authorized if the transportation was based on erroneous advice from a transportation office.  His statement advises that he discussed the reimbursement for the transportation of his POV with a transportation office in conjunction with the application for shipment of household goods in August 2013, after the shipment of his POV. 

3.  If the applicant provides documentation to show he was advised by the transportation office to personally procure the transportation of his POV, he may resubmit his application to this Board for reconsideration.  There is insufficient evidence to grant him the requested relief at this time. 

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)                                         AR20130015781





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ABCMR Record of Proceedings (cont)                                         AR20130015781



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