DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
Lee
Docket No. 9631-08
23 Mar 09
From: Chairman, Board for Correction of Naval Records
Tos 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) NAVSUPSYSCMD memo 4050 Ser 53F/139 of 16 Dec 08
(3) Subject’s naval record
1. Pursuant to the provisions of reference (a) Subject, hereinafter
referred to as Petitioner, filed enclosure (1) with this Board
requesting, in effect, that the applicable naval record be corrected
to entitle Petitioner to reimbursement of actual expenses and
reimbursement of an incentive payment for a household goods move made
prior to separation.
2. The Board, consisting of Messrs. George, Pfeiffer, and Zsalman,
reviewed Petitioner's allegations of error and injustice on
23 March 2009 and, pursuant to its regulations, determined that the
partial 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:
a. Before applying to this Board, Petitioner exhausted all
administrative remedies available under existing law and regulations
within the Department of the Navy.
b. In correspondence attached as enclosure (2), the office
having cognizance over the subject matter addressed in Petitioner's
application has commented to the effect that Petitioner should be
reimbursed only for the actual documented expenses (truck rental, gas
and tolls supported by receipts) associated with the move but not for
the incentive payment.
CONCLUSION
Upon review and consideration of all the evidence of record, and
especially in light of the contents of enclosure (2), the Board finds
Docket No. 9631-08
the existence of an injustice warranting the partial corrective action
described below. Regarding the request for an incentive payment, the
Board found that the evidence submitted was insufficient to establish
the existence of probable material error or injustice. In this
connection, the Board substantially concurred with the comments
contained in the advisory opinion. The Board noted that you moved in
December 2006 before your separation orders were issued. On 10
December 2007, you applied for an advance operating allowance. The DD
Form 2278 that you signed indicated that you intended to pick up a
rental vehicle on 15 December 2007 and noted that you were responsible
for obtaining certified weight tickets. Further, you were counseled
to provide the weight tickets and a copy of the rental contract within
45 days of the move to liquidate the move and receive the incentive
payment. You specifically agreed to “furnish two weight tickets
within 45 days” and acknowledged that “if (I) fail to do so, (I)
voluntarily consent to collection of all unearned advance operating
allowances.” (See attached DD Form 2278). In reliance on your
promise, the government provided you with an advance of $7336.00.
There is no evidence that you took the requisite steps to liquidate
your move in a timely manner. In October 2008, you applied to this
Board seeking reimbursement of actual expenses and an incentive
payment. However, you have still not provided weight tickets to
substantiate the amount of property that you moved. Moreover, because
of the delay in liquidating your move, that is attributable to you,
prompt government inspection of your household goods (to verify the
amount of property actually moved) is no longer possible.
Accordingly, under these circumstances, the Board found that
reimbursement of the incentive payment was not warranted and relief
should be limited to actual documented expenses (truck rental, gas and
tolls) associated with the move.
RECOMMENDATION :
That Petitioner's naval record be corrected, where appropriate, to
show that:
a. A statement was issued on 1 December 2006 to the Petitioner
by the orders writing official indicating that orders would be issued.
b, The Petitioner signed a statement agreeing to pay any cost of
shipment and/or storage charges incurred if orders were canceled.
c. Petitioner is authorized reimbursement of his actual
documented expenses (truck rental, gas and tolls) for moving his HHG
to WI. (NOTE: Petitioner will forward a copy of this letter, his
retirement orders and all receipts he has pertaining to his move to
Docket No. 9631-08
Business Support Department FISCN, HHG Audit Team Division, Code 302,
1968 Gilbert Street STE 600, Norfolk, VA 23511-3392.)
d. That so much of Petitioner’s request as exceeds the foregoing
is denied.
e. A copy of this Report of Proceedings will be filed in
Petitioner’s naval record.
4, Pursuant to Section 6(c) of the revised Procedures of the Board
for Correction of Naval Records (32 Code of Federal Regulations,
Section 723.6(c)) it is certified that 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. win.
Recorder Acting Recorder
5. Pursuant to the delegation of authority set out in Section 6(e)
of the revised Procedures of the Board for Correction of Naval Records
(32 Code of Federal Regulations, Section 723.6(e)) and having assured
compliance with its provisions, it is hereby announced that the
foregoing corrective action, taken under the authority of reference
(a), has been approved by the Board on behalf of the Secretary of the
Navy.
24 March 2009 oes
W. DEAN PF R
Executive ter
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