DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
LCC
Docket No. 8072-08
3 Feb 09
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD ICO
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) DD Form 2278
(3) Para U5320D, JFTR
(4) Para U5335E, JFTR
(5) DD Form 1701
(6) Authorized weight allowances
(7) CMC memo 4050.10 LPD-2 of 5 Sep 08
1. Pursuant to the provisions of reference (a), Subject,
hereinafter referred to as Petitioner, filed written
application, enclosure (1), with this Board requesting, in
effect, that the applicable naval record be corrected to show
Petitioner is entitled to payment of an incentive allowance for
moving his household goods (HHG) under the Do-It-Yourself (DITY)
Program in 2005.
2. The Board, consisting of Messrs. George, Pfeiffer, and
Zalman reviewed Petitioner’s allegations of error and injustice
on 26 January 2009 and, pursuant to its regulations, determined
that the corrective action indicated below should be taken on
the available evidence of record. Documentary material
considered by the Board consisted of the enclosures, naval
records, and applicable statutes, regulations and policies.
3. The Board, having reviewed all the facts of record
pertaining to Petitioner’s allegations of error and injustice,
finds as follows:
Docket No. 8072-08
a. Prior to filing enclosure (1) with this Board,
Petitioner exhausted all administrative remedies afforded under
existing law and regulations within the Department of the Navy.
b. On 20 February 2005 Petitioner completed an “Application
for Do-It-Yourself Move and Counseling Checklist” (DD Form 2278,
Sep 1998). The application states, among other things, that he
was “entitled” to move a “maximum authorized weight” of 17,500
pounds from Quantico, VA to Camp Lejeune, NC. It also advised
that it was the “member’s responsibility” to submit “weight
tickets” to the “paying office TMO to receive incentive
payment.” See enclosure (2).
ce. The applicant moved his HHG under the provisions of
paragraph U5320D of the Joint Federal Travel Regulations (JFTR).
See enclosure (3).
d. Petitioner alleges that upon completion of the move, he
mailed all receipts and weight tickets to COMPT TRANS VOUCH CERT
Branch (TVCB), ATTN: CODE 470, 814 Radford Blvd Ste 20318,
Albany GA 31704-0318. He did not mail the documents via
certified mail nor did he retain a copy of the documents sent.
e. The office in Albany, however, reports that they did not
receive Petitioner’s receipts, weight tickets and other
documents necessary to provide him with the incentive payment.
f. When the weight of the shipment of HHG is not available,
paragraph U5335E, JFTR authorizes a “constructive” weight to be
estimated based on an inventory and the cubic feet of property
shipped. Enclosure (4).
g. Petitioner completed a DD Form 1701, Inventory of HHG
and his cubed weight can be calculated at approximately 2,870
pounds. This “constructive” weight is substantially less than
the maximum amount of weight he was authorized to ship at
government expense. Enclosures (5 & 6).
h. In correspondence attached as enclosure (7), the office
having cognizance over the subject matter involved in
Docket No. 8072-08
Petitioner’s application recommended denial, commenting that, in
their opinion, no relief was warranted. They note that the
Petitioner was counseled that he must provide weight tickets to
be paid. Further, he was also forewarned to maintain copies of
all documents sent to the Transportation Voucher Office (in case
they are lost). See enclosure (7).
CONCLUSION
Upon review and consideration of all the evidence of record,
notwithstanding the comments contained in enclosure (7), the
Board finds the existence of an injustice warranting the
requested relief. In this connection, the Board expressed a
desire to adhere to the policy that individuals who move
themselves should generally be entitled to receive an incentive
payment. In an effort to provide the Petitioner with the most
favorable consideration possible, they accepted his proffer that
he obtained and mailed the weight tickets. And although he
undeniably should have kept copies (in case the originals were
lost), the Board found that his request for payment associated
with the movement of about 3000 pounds of personal property was
reasonable and not excessive. This was determined to be
especially true because the Petitioner had been authorized to
move substantially more than his inventory shows that he moved.
Accordingly, the Board determined that the issue should be
settled by calculating a constructive weight of the HHG using
the DD Form 1701 and using that constructive weight as a
substitute for the missing weight tickets.
Accordingly, the Board recommends the following corrective
action.
RECOMMENDATION :
That Petitioner’s naval record be corrected, where appropriate,
to show that:
a. Petitioner’s incentive payment for moving his HHG will
be based on a constructive weight of 2,870 pounds by cubing the
items listed on the DD Form 1701.
Docket No. 8072-08
b. A copy of this Report of Proceedings will be filed in
Petitioner’s naval record.
4. It is certified that a quorum was present at the Board's
review and deliberations, and that the foregoing is a true and
complete record of the Board’s proceedings in the above-entitled
matter. .
ROBERT D. ZSALMAN WILLIAM J. HESS» III
Recorder Acting Recorder
5. The foregoing action of the Board is submitted for your
review and action.
Reviewed and approved:
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