IN THE CASE OF:
BOARD DATE: 13 January 2015
DOCKET NUMBER: AR20140010792
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 payment for money expended for her Do It Yourself (DITY) movement of household goods (HHG) from Boston to Fort Sam Houston.
2. The applicant states she received an email confirmation of her permanent change of station (PCS) assignment before leaving for Basic Combat Training. In addition, confirmation of assignment to Ft. Sam was also provided during training at Army School of Music. Based upon voice conformation notification of next assignment arranged for and executed DITY move prior to issuance of written PCS orders. Upon arrival at Ft. Sam Houston, she filed an appropriate claim for reimbursement at the transportation office. The travel office indicated the expenditures associated with DITY HHG move were not reimbursable because they were incurred prior to her date of PCS orders. The transportation officer recommended she file for exception to policy with Army G4. Army G4 in turn denied her request and recommended she file claim with ABCMR.
3. The applicant provides copies of
* 2-Certified Automatic Truck Scale weight sheets
* truck rental agreement
* email conformation of duty assignment
* 15 March 2013 Memorandum for Record
* 4 pages of emails notification related to an exception to policy
* 10 gasoline receipts
CONSIDERATION OF EVIDENCE:
1. She enlisted in the U.S. Army Reserve under the Delayed Entry Program on 20 March 2012.
2. A 23 April 2012 email advised the applicant she was "locked in" for assignment to Fort Sam Houston upon completion of her MOS training.
3. She enlisted and entered active duty in the Regular Army in 26 June 2012. Her enlistment incentives included service in the military occupational specialty (MOS) 42R (Army Bandperson) and enlistment in pay grade E-4.
4. She received orders to attend MOS training at the US Army School of Music Little Creek, VA, effective 07 September 2012. These were PCS orders; shipment of household goods at government expense was not authorized.
5. The applicant and her spouse elected to do a DITY move and he husband commenced the move after they received the email conformation of her duty assignment but prior to receipt of her official orders.
6. Upon completion of her MOS training, she was assigned to the 323rd Army Band, Fort Sam Houston, TX, effective 24 December 2012, in accordance with U.S. Army School of Music Orders 289-01, dated 15 October 2012. These were PCS orders and shipment of household goods at government expense was authorized.
7. Upon the applicant's arrival at Fort Sam Houston, she submitted a request for reimbursement for moving expenses and was denied. The reason cited was that she had initiated the move prior to receiving official PCS orders.
8. The applicant's command requested an exception to policy which was denied and she was advised to apply to the ABCMR.
9. On 16 September 2014, in the processing of this case, an advisory opinion was received from the Chief, Transportation Policy Directorate, Army Office of the Chief of Staff G-4 recommending favorable action in the form of correcting the applicant's records to show she complied with the provisions of the Joint Federal Travel Regulations (JFTR), paragraph U5284-E.
10. The applicant received a copy of the advisory opinion and concurred with it.
11. JFTR paragraph U5284E states transportation of HHG (before a PCS order is issued) is authorized if the request for transportation is supported by:
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).
DISCUSSION AND CONCLUSIONS:
1. The evidence clearly shows the applicant failed to follow established regulatory procedures, since she did not have PCS orders nor the proper authorization prior to procuring transportation of her HHG to her next permanent duty station. However, based on email traffic with her assignments officer, the applicant knew she was being transferred to the location where she shipped some of her HHG using the DITY option. It is reasonable to conclude she did not act with intent to defraud the government.
2. Given the fact that the applicant's husband completed movement of her HHG prior to the publication of her orders and presumably at an expense that is possibly less than the government constructed cost, it would be in the best interest of the Army and the applicant to grant her relief.
3. The applicant's request for reimbursement for a DITY move was considered and found to have merit as a matter of equity.
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 School of Music Orders 289-01 were published prior to the applicant executing the DITY move; and
b. reimbursing the applicant in accordance with her documented receipts, not to exceed her authorized government constructed cost for her maximum HHG weight allowance;
c. the applicant should contact the individual noted in the advisory opinion at the Fort Sam Houston Personal Property Office to facilitate reimbursement.
_______ _ __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) AR20140010792
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