IN THE CASE OF:	  

		BOARD DATE:	  28 July 2015

		DOCKET NUMBER:  AR20150007884 


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) [also known as a Do-It-Yourself (DITY) move] he made from Fort Bragg, NC to Arlington, VA.  

2.  The applicant states:

	a.  He is requesting reimbursement for his family's PPM because the Army would have had to pay for a permanent change of station (PCS) move in any case.

	b.  He saved the Army time and money by conducting a PPM move and he is only asking for reimbursement.  He understands that he conducted the move without PCS orders; however, they conducted the move in the best interest of his family, his spouse's career enhancement, and their children's educational well-being.

	c.  In February 2013, he received PCS orders from the Pentagon, Washington DC to Fort Bragg, NC, for battalion command.  His wife, at this point, had worked for the Arlington Public Schools for 2 years as an elementary school teacher.  In August 2013, after moving to Fort Bragg, his wife received a job offer from the Arlington Public School District as an elementary school teacher (her old job).

	d.  After speaking to his commander and the Army's Engineer Branch, everyone understood his family situation and they were in favor of assigning him back to the National Capital Region upon completion of battalion command.
	e.  In December 2013, he used his own funds (approximately $5,000) to move his household goods (HHG) to Arlington, VA.  He continued to live and work at Fort Bragg, NC.  In February 2015, he received PCS orders to the Pentagon.  He attended the Fort Bragg PPM briefing and he informed them of his situation.

	f.  He submitted all the PPM receipts (weight tickets, truck and equipment rental, moving crew, and fuel) for an exception to policy (ETP) for reimbursement.  In March 2015, the Fort Bragg Transportation Office informed him that they, and the Department of the Army G-4 had denied his ETP request and refused to reimburse him for the PPM.

3.  The applicant provides:

* PPM Checklist and Expense Certification
* DD Form 1351-2 (Travel Voucher or Subvoucher)
* DD Form 2278 (Application for DITY Move and Counseling Checklist)
* truck rental contract and receipt
* moving company and moving supplies receipts 
* weight ticket
* fuel receipt
* memorandum, from the Fort Bragg Logistics Readiness Center, Transportation Manager
* email from Headquarters Department of the Army (HQDA), G-4
* PCS orders

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving on active duty in the rank of lieutenant colonel.  

2.  Orders 051-41, dated 26 February 2013, directed his PCS from the Pentagon, Washington, DC to Fort Bragg, NC with a report date of 4 March 2013.  

3.  He provided a truck rental contract and receipt, moving company and moving supplies receipts, a weight ticket, and a fuel receipt that show he executed a move from Fayetteville, NC to Arlington, VA in December 2013.

4.  Orders 035-21, dated 4 February 2015, directed his PCS from Fort Bragg, NC, back to the Pentagon with a report date of 1 April 2015.  

5.  He provided a PPM Checklist and Expense Certification, DD Form 1351-2, and a DD Form 2278 showing he submitted a claim for payment in the amount of $1,942.64 as reimbursement for his PPM executed in December 2013.  
6.  By memorandum, dated 18 March 2015, the Transportation Manager, Fort Bragg Logistics Readiness Center, informed the applicant that his request for an ETP for payment of his PPM was disapproved by HQDA G-4.  The denial was based on the provisions of the Joint Travel Regulation (JTR), paragraph 5208-E (HHG Transportation Before an Order is Issued), which pointed out 14 months between the PPM and the publication of the orders is not a relatively short time.  In addition, no supporting documentation from the orders issuing authority was presented indicating that prior to making the decision to move he coordinated with the military personnel office or transportation.  

7.  In the processing of this case, an advisory opinion was obtained from HQDA, Office of the Deputy Chief of Staff, G-4, Transportation Policy Division.  This office recommends denial of the applicant’s request and cited the JTR, paragraph 5208-E, as the basis for their recommendation.  

8.  The advisory opinion was provided to the applicant to afford him the opportunity to submit comments or a rebuttal.  No response was received.  

9.  The JTR, chapter 2 (Official Travel), part B (Travel Orders), states:
A travel order is a document, issued and approved by the Secretarial Process, directing travel to/from/between designated points and serving as the basis for reimbursement by the Government of official travel, transportation, and reimbursable expenses.  An order should be issued before travel is performed.  Travel reimbursement is not authorized when travel is performed before receipt of a written or oral order.  Expenses incurred before receipt of a written or oral orders are not reimbursable. 

10.  The JTR, chapter 2, part B also states that 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.

11.  The JTR, paragraph 5208-E, provides that HHG transportation before a PCS order is issued is authorized if the request for transportation is supported by a:

	a.  Statement from the approving official/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 the statement; 

	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 U.S. duty) is not advice that the order is to be issued.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant executed a PPM from Fayetteville, NC to Arlington, VA prior to receipt of PCS orders.  The evidence also shows that his decision to execute the PPM prior to receiving PCS orders was based on his spouse’s employment.  

2.  The provisions in the JTR are very clear in that expenses incurred before receipt of written or oral orders are not reimbursable, unless the move is mission essential or an urgent or unusual situation required the PPM prior to issuance of orders.  There is no such evidence in this case.  

3.  In view of the foregoing, the requested relief should not be granted.

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)                                         AR20150007884



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ABCMR Record of Proceedings (cont)                                         AR20150007884



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