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ARMY | BCMR | CY2015 | 20150006637
Original file (20150006637.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  1 October 2015

		DOCKET NUMBER:  AR20150006637 


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 his personally procured move (PPM) move from Fort Huachuca, AZ, to Fort Campbell, KY.

2.  The applicant states he followed his orders [for his PPM move ] from Fort Huachuca to the "T" and did what he was told to do.  Fort Campbell had different policies from what Fort Huachuca had.

3.  The applicant provides:

* orders
* DD Form 2278 (Application for Do It Yourself (DITY) Move and Counseling Checklist)
* unauthorized items sheet, dated 19 December 2014
* weight ticket sheet
* Transportation Motor Pool (TMP) Weighing sheet, undated
* two household goods (HHG) vehicle weight tickets
* PPM Checklist and Expense Certification
* DD Form 1351-2 (Travel Voucher or Subvoucher)
* TN vehicle registration form 
* a letter 

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army (RA) on 4 June 2010 in the rank/grade of private first class (PFC)/E-3.  He was single at the time.  He subsequently served in Korea and in May 2012 he was assigned to the 86th Medical Combat Support Hospital, Fort Campbell, KY.  

2.  On 16 May 2013, he reenlisted in the RA in the rank/grade of specialist (SPC)/E-4 for training in military occupational specialty (MOS) 15W (Unmanned Aerial Vehicle Operator).  He provides a vehicle registration form, dated 14 November 2013, wherein it shows he registered a privately owned vehicle (POV), a 2-door sedan, in TN on that date.  The first three letters/numbers of his POV’s license plate was J15.

3.  On 6 June 2014, he was assigned to the Student Training Brigade, U.S. Army Intelligence Center of Excellence (USAICOE), Fort Huachuca, AZ, for attendance at the 15W course.  He married his spouse on 29 August 2014.  

4.  Orders 344-006, dated 10 December 2014, issued by USAICOE, awarded him primary MOS 15W effective 7 January 2015. 

5.  The applicant provides, and his record contains, Orders 344-007, dated 10 December 2014, issued by USAICOE, authorizing him to proceed on a permanent change of station (PCS) to Fort Campbell with a report date of 10 February 2015.  This order, in part, stated:

	a.  Family members - yes.  Travel by POV authorized as more advantageous to the Government in accordance with the Joint Federal Travel Regulation (JFTR).

	b.  He was authorized shipment of HHG in accordance with the JFTR.  If he planned to ship personal property at Government expense, he was to contact the local transportation office to arrange shipment, and contact the transportation office at his new duty station immediately after arrival to arrange delivery. 

   c.  Early reporting up to 60 days was authorized.  He would submit a travel voucher for the travel within 5 days after completion of travel.

6.  The applicant provides a DD Form 2278, dated 18 December 2014, prepared by the Installation Transportation Office (ITO), Fort Huachuca.  This form, in part, shows he was counseled that:

   a.  The paying office was the Finance and Accounting Office (FAO), Fort Campbell, he was entitled to a DITY move from Fort Huachuca to Fort Campbell, and the maximum authorized weight was 8,000 pounds (lbs).  
   
   b.  His responsibilities included picking up the rental vehicle and ensuring safe operation; the pick-up date was 8 January 2015.  Empty/loaded weight tickets were required for each trip made; use government, public, or commercial vehicle.  Name, rank, and weighmaster’s signature required on each weight ticket and a DITY move required DD Form 1315-2.
   
   c.  This form included the 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 the collection of any unearned advance operating allowance up to a maximum of $3,208.64."  The applicant signed and dated this form on 19 December 2014.

7.  He provides a PPM Checklist and Expense Certification form wherein, in part, it stated a complete PPM claim package would include:

* this PPM Checklist and Expense Certification - completed, signed, and dated
* DD Form 1351-2
* DD Form 2278
* weight tickets MUST meet Service specific requirements and be certified, legible, adequately descriptive, and each vehicle used to haul property must be supported by a full and empty weight ticket obtained at either origin, destination, or a combination thereof
* a copy of contract identifying customer, detailed equipment description, payment in full (emphasis added)
* copy of paid receipts for eligible expenses claimed below; receipts must reflect customers last name, price, quantity, date, and name and address of store

8.  The block of this form to list the eligible expenses was left blank.  The form showed the move date was 7 January 2015.  He signed and dated the form but the date of his signature is unclear as the form appears to show the date as 8 October 2015.  

9.  The applicant also provides:

   a.  A weight ticket sheet that he signed and dated on 19 December 2014, wherein he acknowledged that he had been briefed on and understood the requirements for obtaining the necessary weight tickets in conjunction with the DITY move.
   
   b.  A weight ticket from the Huachuca Transfer Company, Huachuca City, AZ, wherein it shows the vehicle’s gross weight was 20,500 lbs and the net weight of HHG was 7,900 lbs.  The driver of the vehicle was the applicant, the carrier was listed as DITY, and the shipment was being delivered to Kentucky.  The weighmaster signed and dated this form on 7 January 2014.

   c.  A weight ticket from a scale located at TLC Moving Inc., Sierra Vista, AZ, wherein the vehicle’s gross weight was 3,840 lbs and the net weight of HHG was 280 lbs.  The driver of the vehicle was the applicant, the carrier was listed as DITY.  The license plate of the vehicle indicates this vehicle was his POV.  The weighmaster signed and dated this form on 9 January 2014.

   d.  A partially completed DD Form 1351-2 that he signed and dated on 25 February 2015.  It appears his request for payment for his PPM was denied and he subsequently submitted an exception to policy (ETP) request for payment for his PPM.

   e.  A letter, dated 2 April 2015, from the ITO, Fort Campbell, wherein the ITO denied the applicant?s request for an ETP and stated per PPM Army Policy, the use of the PPM or DITY program was 100 percent (%) optional and voluntary, not an entitlement, and was subject to fulfilling Service Headquarters (HQ) requirements.  Failing to comply with Service HQ requirements of the PPM program may limit payment or result in complete denial of the claim.  Since there was no written invoice or written contract, there was no actual reimbursement possible and his request to settle his PPM without a moving contract was denied.  The POV weight tickets provided could be settled and he could be reimbursed 95 percent PPM for moving the net weight of 280 lbs.  His next level of recourse was to file with the Army Board for Correction of Military Records.

10.  In the processing of this case, an advisory opinion, dated 22 July 2015, was received from the Acting Chief, Transportation Policy Division, Office of the Deputy Chief of Staff, G-4.  The advisory official recommended denial of the applicant’s request and opined:

	a.  The applicant performed a PPM using his POV and stated he hired someone with a 26-foot truck to transport his HHG to Fort Campbell.  Their officer verified with the Fort Huachuca ITO that the Soldier was properly counseled on 12 December 2014 (i.e. 19 December 2014) on the requirements for using rental equipment and they provided a PPM checklist, expense certification and transportation office worksheet with his initials.  The checklist addressed the requirement for a copy of the contract identifying the customer, detailed equipment description, and verification of payment in full.

	b.  The applicant requested to settle his PPM claim at Fort Campbell without a moving contract for transportation of 8,180 lbs.  He stated "…then I hired some Mexicans off the street, they had a truck to move my stuff."  Since there is no written invoice or contract, there is no actual reimbursement possible.

11.  On 23 July 2015, the applicant was provided a copy of the advisory opinion for his information and the opportunity to submit comments or a response.  However, no response was received.

12.  Department of the Army Pamphlet 55-2 (It's Your Move) provides guidance on PPMs.  It states the PPM program is an alternate means of moving personal property.  The program allows a service member to personally move HHG and either be reimbursed up to the Government's cost or to collect an incentive payment from the Government when they have orders for a PCS, temporary duty, separation, or retirement.  Whether a POV, rental vehicle, hired commercial carrier, Government HHG shipment, or a combination of the above options are used to perform a PPM, the PPM reimbursement is equal to 95 percent of the Government's constructed cost.  The Personal Property/Transportation Office must provide counseling and prior approval for a PPM move.  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 evidence of record shows the applicant was serving at Fort Huachuca when he was issued PCS orders in December 2014 reassigning him to Fort Campbell.  On 19 December 2014, he was properly counseled at Fort Huachuca on the PPM program to include his entitlements, his responsibilities, and the documentation required to submit a claim for a PPM move.  

2.  However, despite the counseling, he failed to comply with the requirements of the PPM program.  The evidence of record does not show, and the applicant has not provided any evidence that shows, he entered into a valid written contract for the movement of his HHG and paid the mover in full, or that he provided two weight tickets for the vehicle used to move over 8,000 lbs of his HHG along with valid receipts for reimbursable expenses.  As stated by the advisory official, without the required documentation reimbursement for his PPM cannot be made.


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)                                         AR20150006637



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ABCMR Record of Proceedings (cont)                                         AR20150006637



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