PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            21 February 2002
	DOCKET NUMBER:   AR2001061380

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Mr. Melvin H. Meyer		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
            records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his orders be back-dated to allow for reimbursement of his movement of his family and household goods (HHG). 

3.  The applicant states that he contacted his assignment manager in St. Louis, Missouri and was informed that his orders were cut prior to 14 June 2001, when he moved his household goods to Maryland.  He sold his home in Texas on 15 June 2001 and when he received his orders, they were dated 2 July 2001 with a report date of 15 July 2001.  As a result, he had been denied payment for movement of his dependents and HHG.  In support of his application he submits copies of documents showing that he paid a company to pack his HHG and that he rented a truck to transport the HHGs and dependents to Maryland.

4.  The applicant’s military records show that he was ordered to active duty in the rank of second lieutenant on 15 July 2001.  His orders were dated 2 July 2001 and directed him to proceed to Fort Sam Houston, Texas to attend the Army Medical Officer Basic Course en route to Walter Reed Army Medical Center, Washington D.C. The orders authorized shipment of HHG and advised him to contact his local transportation office to arrange for shipment.

5.  In a previous case involving similar circumstances, an advisory opinion was obtained from the Deputy Chief of Staff for Logistics (DCSLOG) which opined that the Per Diem Transportation and Travel Allowances Committee’s message of January 1993 authorized the services concerned, or its representative, to approve after-the-fact Do It Yourself (DITY) moves on a case-by-case basis for moves occurring after 15 January 1993.  Headquarters, Department of the Army (HQDA) delegated the authority to its major commands effective 1 December 1993.

6.  Army Regulation 55-71 provides policy and procedures for the DITY method of moving personal property.  It states, in pertinent part, that the DITY program is offered to military members as an alternative method of moving their HHG in which they can earn a monetary incentive payment equal to 80 percent of what it would have cost the government to move the authorized or actual HHG weight commercially, minus the DITY cost incurred.  The DITY cost is the amount the government pays the contractor for providing the rental vehicle, equipment, and packing materials.  The DITY program also contains provisions for storage in connection with a DITY move and payment for claims of loss and damage to personal property incurred during a move.  That regulation also provides that in certain unusual circumstances, authorization to move HHG prior to issuance of orders may be authorized.

CONCLUSIONS:

1.  While the Board recognizes that the applicant effected his move of HHG and dependents before he was in receipt of orders and did so without contacting a transportation office before he did so, it appears he did so based on the advice he received from the orders issuing headquarters.

2.  It also appears that he conducted a DITY move without prior authorization and counseling regarding the correct procedures.  However, given the circumstances in this case and the fact that he was authorized shipment of his HHG at government expense, the Board finds 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. 

3.  While there is no explanation in the available records to show why his orders were delayed, the Board finds it unreasonable for the Army to expect an individual to accomplish such a move between the time orders were published on 2 July 2001 and dispatched to him with a report date to his first duty station on 15 July 2001. 

4.  Accordingly, the Board finds that it would be in the interest of justice to authorize the applicant movement of his HHG and dependents to his permanent duty station, prior to issuance of orders, as an exception to policy.

5.  The Board also finds that he should be granted an authorization to conduct a DITY move 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. 

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

RECOMMENDATION:  That all of the Department of the Army records related to this case 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, as an exception to policy, and that he be paid all monies to which he is entitled upon presentation of documentation required for such a claim.

BOARD VOTE:  

__gp____  ___mm__  ___tap __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____George D. Paxson_____
		        CHAIRPERSON

INDEX

CASE ID	AR2001061380	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/02/21	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  283	128.0000/DITY MOVE	
2.		
3.		
4.		
5.		
6.