BOARD DATE:	  25 November 2014

		DOCKET NUMBER:  AR20140011490 


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, payment for a personally procured move (PPM), formerly known as a do-it-yourself (DITY) move, he made from Fort Campbell, Kentucky to Peterson Air Force Base, Colorado.

2.  The applicant states:

* He received erroneous information from the Fort Campbell, Kentucky transportation office about his ability to conduct a move while deployed
* His follow-up assignment was locked in with the U.S. Army Human Resources Command (HRC), but the request for orders (RFO) was delayed due to a change in the number of permanent change of station (PCS) cycles
* He moved his family during his mid-tour leave to his follow-on assignment since he was told he could by the Kentucky transportation office
* He appealed to the Army G-4 for an exception to policy (ETP) based on his particular situation, but his claim was denied
* The Army G-4 did recommend that he apply to this Board

3.  The applicant provides:

* Email between Army officials regarding his PPM
* PPM ETP Request, dated 10 April 2014
* DD Form 2278 (Application for DITY Move and Counseling Checklist), dated 18 March 2014
* PPM Checklist and Certification of Expenses, dated 3 April 2014
* DD Form 1351-2 (Travel Voucher or Subvoucher), dated 3 April 2014
* Penske Rental Agreement Cover Sheet with a pickup date of 1 June 2013
* Certificate of Vehicle Registration Renewal
* Petro Stopping Centers Receipts
* Love's Travel Stops & Country Stores Receipts
* Travel Center of America (TA) Receipts
* Kum & G, Kansas Turnpike Authority, and Pilot Travel Centers Receipts
* Home Depot Receipts
* Walmart Receipts
* Headquarters (HQ), 101st Airborne Division Orders CP-340-0030, dated 5 December 2012
* Certified Automated Truck Scale Receipt
* HQ, 101st Airborne Division Orders 009-113, dated 9 January 2014

CONSIDERATION OF EVIDENCE:

1.  On 17 December 2004, the applicant accepted an appointed as a Reserve commissioned officer in the rank of second lieutenant (O-1).  He was promoted to captain (O-3) on 1 March 2008.

2.  The applicant was assigned to Fort Campbell, Kentucky when Orders              CP-340-0030 were published on 5 December 2012, deploying him in a temporary change of station to Bagram, Afghanistan, in support of Operation Enduring Freedom.  His proceed date was 1 February 2013, not to exceed 365 days.

3.  The applicant provides a series of receipts containing dates in June 2013 in connection with his move from Fort Campbell, Kentucky to Colorado Springs, Colorado.

4.  On 9 January 2014, PCS Orders 009-113 were published assigning the applicant to Colorado Springs, Colorado, with a reporting date of 30 May 2014.

5.  The applicant provides a PPM ETP request stating:

* He had confirmation from HRC about his follow-on duty station
* His wife and child would be left in the area without family to support them during the deployment
* His family would be facing financial hardship in April 2013 when their Colorado tenants vacated the property
* His wife would not be allowed to start in the fall semester in the             CU-Denver Certified Nurse Midwife Program
* In early January 2013, following a discussion with HRC, he inquired with the Fort Campbell Transportation Office about moving his family after receiving his RFO, but before receiving his orders
* He specifically stated to the transportation agent that he wanted to conduct his move after receiving follow-on duty assignment confirmation from HRC, but prior to receiving his orders
* He was told to save all of his documentation and to file a claim when the move was completed
* This is the first PPM he has conducted in his career so he asked to be shown exactly what needed to be saved and what was required to process the documentation
* He deployed on 4 February 2013 knowing his family would move once he received his RFO and his block leave was scheduled
* He received notification from his HRC Branch Manager in May 2013 that his RFO was generated, but he was unable to release it at the time due to a change in the managing cycles
* He was told that he would receive his RFO as soon as it could be released, so he began making reservations to move his family cross country
* He knows that he moved prior to receiving his orders and that he is not eligible to receive any allowances against his move
* He is only trying to recoup what he spent moving his family to his next duty station

6.  On 16 October 2014 an advisory opinion was obtained from the Chief, Transportation Policy Division, Office of the Deputy Chief of Staff, G-4 recommending approval of the applicant's request.  

7.  The applicant was provided a copy of the advisory opinion on 22 October 2014.  He did not respond.

8.  The JFTR, chapter 2, part B (Orders), states an order used for reimbursement of travel and transportation expenses is a written document issued or approved by the Secretarial Process directing a member or a group of members to travel between designated points.  The order establishes the conditions for official travel and transportation at government expense and provides the basis for the traveler's reimbursement.  Orders should be issued before the travel is performed.  Travel reimbursement is not authorized when the travel is performed before receipt of written or oral orders.

9.  The JFTR, chapter 2, part B, also states an urgent or unusual situation may require that official travel begin or be performed before a written order can be issued.  Under these circumstances an oral order conveyed by any medium, including telephone, may be given.  When this occurs, the authorizing officer must promptly issue a confirmatory written order.  An oral order meets the requirement for a written order when it is given in advance of travel, subsequently confirmed in writing giving the date of the oral order, and approved by competent authority.

10.  The Defense Travel Regulation, part IV (Personal Property), attachment K1 ("It's Your Move" – Armed Forces Members), provides information for members on the allowances and responsibilities involving the shipment and/or storage of HHG and unaccompanied baggage.  It states the transportation office must provide counseling and prior approval for a PPM – formerly called a DITY move – and that failing to comply with service requirements of the program may limit payment or result in complete denial of a claim.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  His supporting evidence has been considered.

2.  While the Board recognizes that the applicant effected his move of HHG and dependents before he was in receipt of orders, it appears he did so based on the advice he received from the orders issuing headquarters.

3.  Given the circumstances in this case and the fact that he was authorized shipment of his HHG at government expense, it appears that he relied, to his detriment, on the information he was provided at the time and has been denied benefits that he otherwise would have been entitled to receive, had orders been issued in a timely manner.

4.  It appears he has all the documents necessary for his request to have been approved had his request been timely.  Accordingly, it would be in the interest of justice to authorize the applicant movement of his HHG and dependents, prior to issuance of orders, and that he be authorized payment for such a move upon presentation of all necessary documents to the appropriate officials. 

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.






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 showing that the individual concerned was authorized shipment of HHG (in the form of a DITY move) and dependents prior to the issuance of orders, and that he be paid all monies to which he is entitled upon presentation of documentation required for such a claim.




      _______ _ 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.



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