IN THE CASE OF:	  

		BOARD DATE:	  30 December 2014

		DOCKET NUMBER:  AR20140005660 


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 remittance of a $5,432.11 debt he incurred for a do-it-yourself (DITY) move, now referred to as a personally-procured move (PPM), from Fort Polk, LA, to Stewartstown, PA.

2.  The applicant states, in effect, that when he left Fort Polk, LA on or around 
30 June 2004, and moved his family to Stewartstown, PA he completed all of the paperwork and mailed it to the Defense Finance and Accounting Service (DFAS). This was his last move and his wife was leaving him; therefore, he did not make copies of this paperwork.  When he arrived in Stewartstown, PA he unpacked all of his belongings into his mother's garage, with the assistance of his brothers and his mother.  He was not contacted by DFAS or informed there was a problem with his paperwork for over two years from the date of his move, and at that point he had forgotten about anything having to do with the move.  He has made several attempts to contact DFAS and have the debt forgiven, and to request they do further research in an attempt to locate his travel packet.  He knows for a fact that he did what was required.  There was a mistake made somewhere down the chain of custody after the travel packet left his hands.  

3.  The applicant provides:

* Self-authored statement
* Witness letter
* Orders Number 175-0353, dated 23 June 2004
* Inventory of Household Goods (HHG), dated 20 July 2004
* DD Form 2278 (Application for DITY Move and Counseling Checklist), dated 20 July 2004
* Weight ticket, date illegible
* Department of Veterans Affairs (VA) rating/Service Employment Handicap
* Two travel vouchers, dated 18 August 2003 and 29 July 2004
* Four letters from DFAS, dated 9 August 2006, 13 June 2008, 26 June 2013, and 10 September 2013
* Two letters to DFAS, dated 9 May 2013, one undated 
* Letter from the VA, dated 22 May 2013
* Two DFAS account statements, dated 10 September 2013 and 
17 December 2013
* Five pages of various email transmissions, dated from 18-24 March 2014

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.  After having previous enlisted service, the applicant enlisted in the Regular Army on 18 September 2000 and held military occupational specialty 31B (Military Police).  The highest rank/grade he attained was that of sergeant (SGT)/E-5.

3.  He provided a DFAS generated Travel Voucher, dated 18 August 2003, showing he was paid $2,632.50 for a temporary duty he performed between    17-18 August 2003.  

4.  Orders 175-0353, issued by Headquarters, Joint Readiness Training Center, Fort Polk, LA, on 23 June 2004, show he was reassigned to the U.S. Army Transition Center located at Fort Polk, LA, for transition processing with a reporting date of 30 July 2004.  These orders also indicated movement of dependents and shipment of HHG was authorized.  His home of record was shown as Baltimore, MD.

5.  He provided an inventory of HHG, dated 20 July 2004, with an item by item account of his HHG and states that the total weight of these items was 8,500 pounds.

6.  He provided a DD Form 2278, dated 20 July 2004, which shows the estimated cost of his move was $3,778.25.  He requested and received/was authorized an advance operating allowance in the amount of $0.  The Installation Transportation Office (ITO)/Transportation Management Officer (TMO) was provided with an accurate estimate of the weight of his HHG as 8,500 pounds and his maximum authorized weight allowance was listed as 9,000 pounds.  Item 9e of this form contains the following statement:  "I agree to furnish two weight tickets within 45 days from the start of this move.  If I fail to do so, I voluntarily consent to collection of all government costs of this move from my pay.  I also voluntarily consent to collection of any unearned advance operating allowance up to a maximum of None from my pay."

7.  He provided a weight ticket issued on (perhaps 24 July 2004).  The ticket states this is an empty weight, indicating that the truck, having been weighed without his HHG, weighed about 2,000 pounds (inbound weight).  This form also contains both shipper and weigher signatures.

8.  He provided a DFAS-generated Travel Voucher, dated 29 July 2004, showing the applicant was provided an advanced payment for a PPM in the amount of $1,153.22.  

9.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was honorably discharged on 30 July 2004.  

10.  He provided a letter issued by DFAS on 9 August 2006, which states a DFAS review of overdue advances revealed he had an unsettled advance in the amount of $1,153.22.  He was informed that if he did not submit payment or make arrangements to pay by 9 September 2006, a $15.00 administrative fee would be added to his existing debt.

11.  He provided a letter from DFAS issued on 13 June 2008, wherein DFAS indicated receipt of his inquiry regarding the settlement of his claim.  DFAS stated their records did not indicate that a settlement voucher was processed.  

12.  He provided a letter he sent to DFAS, dated 9 May 2013, wherein he stated that he had completed all the necessary steps required of him when he completed the PPM.  He did not make copies of these documents; he mailed all the original documents to DFAS as he was instructed.  He received notice about 2 years from his PPM that DFAS had completed his paperwork.  Furthermore, the house in which he was storing his belonging, his mother's house, was caught on fire and had to be completely renovated.  As a result he lost all of his personnel documents he would have had pertaining to his PPM as well as any other military document to include his awards and decorations that were in storage at the time of the fire.  Therefore, he asked that DFAS consider waiving his debt.

13.  He provided a letter from the VA, dated 22 May 2013, which certifies he receives $1,503.00 a month from the VA for his combined disability rating of 
80 percent (%).

14.  He provided a letter from DFAS issued on 26 June 2013, wherein DFAS indicated receipt of his inquiry regarding his waiver request for a $3,785.72 indebtedness established in his pay account after his discharge on 30 July 2004.

	a.  DFAS went on to say that the amount collected is due to non-settlement of travel advances in the amount of $2,632.50 paid on 18 August 2003 and $1,153.22 paid on 29 July 2004.  DFAS stated the applicant had been notified of these debts on 28 November 2006.

	b.  DFAS stated his request for waiver of erroneous payment would not be considered because it was not received within 5 years of the discovery of the erroneous payment.  Furthermore, a review of his record indicated the debts were posted to his account on 28 November 2006.  In order to process his waiver, DFAS would have to have received his waiver request by 27 November 2011; however, his waiver was not requested until 9 May 2013.  

15.  He responded to the 26 June 2013 DFAS letter by requesting reconsideration of the DFAS decision not to waive his debt.  He stated he was not aware of any time frame or time requirement associated with submitting a waiver application.

	a.  The applicant also stated he was a disabled veteran with a family of six and was unable to work.  He also stated he was currently enrolled in the Vocational Rehabilitation Program with the VA and was attending school full time (he provided documentation which confirms this claim).  He stated he was simply unable to pay the debt.

	b.  He restated that he completed all the necessary paperwork associated with his PPM move and can only assume it was lost in the mail or at DFAS after it arrived.  

16.  He provided two DFAS account statements, dated 9 September 2013 showing an account balance of $5,432.11 and 17 December 2013 showing an account balance of $5,522.80.  This large balance is due to accrued interest.

17.  His mother provided a letter/witness statement indicating that he arrived at her home with a moving truck and unpacked everything into her garage.  She further stated that after he finished unpacking, she personally took him to the post office to mail out his paperwork because he was not familiar with the location.  She was present at the post office when he mailed a large envelope to the Army.  

18.  In accordance with chapter 5, paragraph U5320-D(4), of the Joint Federal Travel Regulation (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.

19.  The 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.

20.  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.

21.  Additionally, information obtained from the JPPSO, Washington, DC, area website<http://www.belvoir.army.mil/jppsowa/ppt.html#ppt> states that members may choose one of the following methods to execute personally-procured transportation:

	a.  Privately-Owned Vehicle (POV).  The POV can be used to move HHG.  If a member uses a trailer or motor home, be sure to contact an outbound counselor for special guidance.  Empty and full certified weight tickets are required.

	b.  Rental Vehicle.  The member rents normal types of rental vehicles, equipment, moving aids, and packing material and the member performs all labor for the move.  Sources of equipment must be bona fide rental vendors such as U-Haul, Ryder, etc.  An advance operating allowance may be authorized when using this method.  Empty and full certified weight tickets are required.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was authorized to perform a PPM from Fort Polk, LA, to Stewartstown, PA upon his discharge.  He was counseled regarding his travel entitlements and indicated he understood that he was required to furnish two weight tickets within 45 days from the start of this move.  He also understood that if he failed to do so, he voluntarily consented to collection of all government costs of this move from his pay.  He also voluntarily consented to collection of any unearned advance.

2.  The applicant contends that upon completion of his travel, he sent his original travel voucher, weight tickets, and receipts to DFAS and all of the documentation was subsequently lost or misplaced.  He further attests that he did not retain copies of any of this documentation.

3.  As specified in the JFTR and confirmed by DFAS, the minimum documents required to file for reimbursement of actual expenses for a PPM are a DD Form 2278, certified weight tickets, travel orders, and a completed DD Form 1351-2.  However, DFAS contends they never received such documents.

4.  The applicant was able to provide his DD Form 2278, one certified weight tickets showing his truck was empty, travel orders, and a DFAS Advance of Travel Allowances in the amount of $1,153.22.  It appears the second portion of the applicant's debt in the amount of $2,632.50 that was paid on 18 August 2003, may have been the final DITY move payment.  

5.  The applicant should have kept copies of the forms; nevertheless, just as he failed to keep accurate records, it is equally possible that the Army or DFAS received and misplaced his travel packet, or even that it was not properly delivered by the postal service.  Therefore, as a matter of equity, his record should be corrected to show the Army timely received and processed the necessary documents and that the applicant was neither entitled to receive or owed DFAS any additional monies as a result of this correction.  

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 to show the applicant timely submitted all required documents upon the completion of his DITY move and the appropriate officials approved him for payment of a total of $3,785.72 in movement costs, thereby negating any debt. 



      _______ _   ___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)                                         AR20140005660



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ABCMR Record of Proceedings (cont)                                         AR20140005660



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