IN THE CASE OF: 

		BOARD DATE:	  3 September 2014

		DOCKET NUMBER:  AR20140009422 


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 reimbursement for a personally procured move (PPM) performed prior to the issuance of permanent change of station (PCS) orders.

2.  The applicant states:

* he exhausted all measures to work with the installation transportation section, his branch, and/or human resources division to avoid having to conduct a do-it-yourself (DITY) move (now called PPM) prior to receiving his PCS orders (2 weeks early)
* he recently transferred from Fort Leonard Wood, MO, to Columbia, MO, to attend Advanced Civil Schooling (ACS)
* since this was not a typical assignment, his branch was unable to get his PCS orders in a timely manner
* without orders, the installation transportation office would not assist him in his move
* with no other options, he conducted a PPM on 25 April 2014
* he received his PCS orders on 8 May 2014 and had his final out on 9 May 2014 to start PCS leave
* he had to start his PCS leave because he was originally supposed to report to his next duty assignment in May or June as a summer applicant
* since his school did not offer summer courses, he was moved to the fall semester
* this change occurred too late, as his house was already sold and he had to put his wife and three children somewhere
* he was literally staying in a hotel waiting for orders to clear post
3.  The applicant provides:

* Truck rental Agreement Cover Sheet, dated 25 April 2014
* PCS Orders 128-125, dated 8 May 2014
* Certified Automated Truck Scale
* Authorization for DITY Move Reimbursement
* DA Form 31 (Request and Authority for Leave), dated 9 May 2014
* DA Form 137-2 (Installation Clearance Record)

CONSIDERATION OF EVIDENCE:

1.  Having had prior enlisted service, the applicant appears to have been appointed as a commissioned officer of the Army on or about 5 May 2007.  He appears to have had a concurrent call to active duty.  He completed the Military Police (MP) Officer Basic Course.

2.  He served in a variety of assignments and was promoted to captain on 1 June 2010.  He was assigned as a company commander to the 512th MP Company, Fort Leonard Wood, MO. 

3.  On 10 March 2014, by email, his assignment officer informed him that "I got a note that you are in the Fall 14 [course] now.  You have some time if needed.  Let me know.  If not, I will process your packet."  He responded by email to his assignment manager, on the same date stating "I am good to go."

4.  On 8 May 2014, his assignment manager issued him a Request for Orders (RFO).  On the same date and based on this RFO, the U.S. Army Maneuver Support Center of Excellence, Fort Leonard Wood, MO published PCS Orders 128-125, which ordered him to proceed on a PCS move from the 512th MP Company, Fort Leonard Wood, MO to the Student Detachment, Fort Jackson, SC, with duty at the University of Missouri, Columbia, MO.  His report date was  25 July 2014. 

5.  He provides: 

	a.  Rental Agreement Cover Sheet, dated 25 April 2014, which shows he rented a Penske Truck on that date for the amount of $450.93.  This document shows he expected to return the truck on 28 April 2014. 

	b.  Weight tickets from a Certified Automated Truck Scale, dated 25 April and 26 April 2014, which show he weighed a vehicle on those dates, and the vehicle was calculated to weigh 15,660 pounds and 24,280 pounds, respectively. 

	c.  A self-authored Memorandum for Record (MFR), titled: Authorization for DITY Move Reimbursement.  In this MFR, he stated that he was requesting reimbursement for a DITY move that he conducted on 25 April 2014, because his PCS orders were not projected to be received until after his PCS leave had started; his house had sold and he had to vacate the house one week prior to receiving his orders; and because an official Army move was not available since one could not be scheduled without orders. 

	d.  Installation clearance record that shows he out processed Fort Leonard Wood, MO, on 8 and 9 May 2014.  His departure date is listed as 9 May 2014.

	e.  DA Form 31, dated 16 April 2014, which shows his brigade commander approved him for ordinary PCS leave from 9 May 2014 to 24 July 2014. 

6.  On 13 May 2014, he submitted a request to the Office of the Deputy Chief of Staff, G-4, requesting an exception to policy for a move made prior to receipt of orders.  He had moved from St. Robert, MO, to Columbia, MO, on 25 April 2014. He did not receive PCS orders until 8 May 2014.  His house sold and he was required to vacate the residence prior to receipt of the orders.  He moved 8,600 pounds at a cost of $3,716.27.  The Fort Leonard Wood, MO Chief of Personal Property Management Branch recommended approval. 

7.  On 20 May 104, the Army G-4 disapproved his request.  An official stated that the G-4 was unable to authorize a move prior to the issuance of orders under the applicant's circumstances. 

8.  On 21 July 2014, in the processing of this case, an advisory opinion was received from the Army G-4.  The advisory official recommended denial of the applicant's request for reimbursement for personally procured transportation of his HHG.  He stated that based on the information provided, reimbursement for personally procured transportation of HHG is not authorized.  In accordance with the Joint Federal Travel Regulations (JFTR), paragraph U5284-E, transportation of HHG (before a PCS order is issued) is authorized if the request for transportation is supported by a:

	a.  Statement from the Authorizing Officer/designated representative that the member was advised before such an order was issued that it would be issued;

	b.  Applicant-signed written agreement to pay any additional costs incurred for transportation to another point required because the new Permanent Duty Station named in the order is different.

	c.   Written applicant-signed agreement to pay the entire transportation cost (if a PCS order is not later issued to authorize the transportation).

9.  On 1 August 2014, the applicant responded to the advisory opinion.  He noted that the advisory official stated, in order to be reimbursed for the expenses, he would have to meet three requirements in accordance with JFTR, paragraph US284-E.  Additionally, he stated the following: 

	a.  He met the requirements indicated in the advisory opinion as follows: follows: 

		(1)  Statement from the Authorizing Officer/designated representative that the member was advised before such an order was issued that it would be issued.  He has several emails from his branch manager stating orders were simply awaiting the approval of his acceptance to Graduate School.  He has attached said email traffic which is dated prior to the PCS move.  There was never any doubt from his branch or chain of command that he was going to PCS to this location, he just simply needed a piece of paper that stated so.

		(2)  Applicant-signed written agreement to pay any additional costs incurred for transportation to another point required because the new Permanent Duty Station named in the order is different.  The location to which he moved was the location that was specified in the orders he received approximately 10 days after moving.

		(3)  Written applicant-signed agreement to pay the entire transportation cost (if a PCS order is not later issued to authorize the transportation).  This requirement does not pertain to the situation as a PCS order was issued.  He fully agrees if he moved and never got the orders he would be out of luck on the bill.

	b.  Just to reiterate the circumstances around this situation, his branch was telling him several months out he was going to PCS to this known location but simply could not give him orders due to a review board that cuts the RFO.  He moved about a week prior to receiving orders, which he vigorously attempted to gain for months.  Moving prior to receipt of orders was not a result of his failure to plan.  He sent several emails warning both his branch and the transportation office of this issue before it arose.  He was advised to be patient and keep his receipts for his expenses.  He even had his battalion commander get involved to expedite the receipt of the RFO.  The transportation office on Fort Leonard Wood recognized the issue and got involved to assist him.  He literally received his orders the day before he finally out-processed from Fort Leonard Wood. 
10.  Paragraph U5284-E (HHG Transportation before an Order Is Issued) of the JFTR states, except as in paragraph U5284-E2, HHG transportation (before a PCS order is issued) is authorized if the request for transportation is supported by a:

	a.  Statement from the Authorizing Officer/designated representative that the member was advised before such an order was issued that it would be issued; 

	b.  Applicant-signed written agreement to pay any additional costs incurred for transportation to another point required because the new permanent duty station named in the order is different than that named in a statement in paragraph U5284-E1(a); and

	c.  Written applicant-signed agreement to pay the entire transportation cost (if a PCS order is not later issued to authorize the transportation).

	d.  The length of time before the PCS order is issued, during which a member may be advised that an order is to be issued, may not exceed the relatively short period between the time when a determination is made to order the member to make a PCS and the date on which the order is actually issued.  

	e.  General information furnished to the member concerning order issuance before the determination is made to actually issue the order (such as time of eventual release from active duty, time of service term expiration, eligibility date for retirement, expected rotation date from outside continental United States) is not advice that the order is to be issued.

11.  The JFTR, paragraph U5320-D, states HHG transportation is authorized by the transportation mode that provides the required services satisfactorily at the least cost to the government.  Personally-procured transportation and non-temporary storage may be personally arranged by an eligible member or next of kin (in the case of a member's death).  Transportation cost claims should be prepared and submitted in accordance with service regulations and the government cost limit is based on the member's maximum HHG weight allowance.

12.  The JFTR, paragraph U5330-G(a), states HHG transportation (before a PCS authorization/order is issued) is authorized if the request for transportation is supported by a statement from the PCS authorizing/approving official or a designated representative that the member was advised before such an authorization/order was issued that it would be issued.

13.  Army Regulation 55-71 (Transportation of Personal Property) provides policy and procedures for the PPM method of moving personal property.  It states, in pertinent part, that the PPM program is offered to military members as an alternative method of moving their HHG in which they can earn a monetary incentive payment up to 95 percent of the Government Constructive Cost (GCC) or of what it would have cost the government to move the authorized or actual HHG weight commercially.  

14.  Normally, when a Soldier makes a PCS move, the government contracts a commercial carrier to pack, load, ship, and unload the member's HHG.  However, Soldiers have the option to execute a PPM.  When a Soldier selects the PPM option, it allows the member to personally move his/her HHG and collect an incentive payment from the government.  The option is available for most types of orders including PCS, temporary duty, separation or retirement, or assignment to, from, or between Government quarters.  Soldiers may use this option to move all or a portion of their authorized weight allowance and can receive up to 95% of the Government Constructive Cost if they move themselves.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for reimbursement for a PPM was considered and found to have merit as a matter of equity.

2.  The evidence clearly shows the applicant failed to follow established regulatory procedures, since he had neither an RFO or PCS orders nor the proper authorization prior to procuring transportation of his HHG to his next permanent duty station.  However, based on email traffic with his assignments officer, and based on the approved leave form and his out processing, the applicant knew he was being transferred to the location where he shipped some of his HHG using the PPM option.  It is reasonable to conclude he did not act with intent to defraud the government.  

3.  Given the fact that the applicant completed movement of his HHG 2 weeks prior to the publication of his orders and presumably at an expense that is possibly less than the government constructed cost, it is in the best interest of the Army and the applicant to grant him relief in the form of payment of the Government Constructive Cost for the movement of his HHG from St. Robert, MO, to Columbia, MO, on 25 April 2014, based on a net weight of 8,600 lbs.





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 by:

	a.  showing Headquarters, U.S. Army Maneuver Support Center of Excellence, Fort Leonard Wood, MO Orders 128-125 were published prior to the applicant executing the PPM; and

	b.  reimbursing the applicant in accordance with his documented receipts, not to exceed his authorized government constructed cost for his maximum HHG weight allowance.




      __________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)                                         AR20140009422



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140009422



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1