RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-00039

XXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

He be reimbursed for his Do-it-Yourself (DITY) move.

APPLICANT’S CONTENTIONS

The applicant served an unaccompanied tour in Turkey.  His Date Estimated Return from Overseas (DEROS) was moved from 31 Jul 20 to 31 Aug 20, due to late assignment selection.  He was authorized a DITY move in order to relocate his dependents from Oklahoma to Colorado.  He did not receive his assignment orders until 6 Aug 20.  Because he had to be out of his house due to new tenants, he had his household goods (HHG) picked up before he received his orders.  Additionally, because his wife had just had major surgery and could not lift anything, he had to hire a company to pack and move out his HHG.  In accordance with the Joint Travel Regulation (JTR) and as per advice from a Transportation Management Office (TMO) representative, he requests to have his move reimbursed after the fact.  His Permanent Change of Station (PCS) was hindered because he received orders late due to COVID restrictions.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a Regular Air Force technical sergeant (E-6).

The applicant’s assignment orders, Special Order No AN-129979, dated 6 Aug 20, provides a Report Not Later Than Date of 15 Sep 20.

Order AN-131567, dated 11 Aug 20, amends his assignment order, Item 19, as follows:
As reads:  AIRMAN IS AUTHORIZED TRAVEL AND TRANSPORTATION ALLOWANCES TO (NORMAN, OK) TO ASSIST DEPENDENT'S IN MOVING HHG SHIPMENT, OR TO ASSIST DEPENDENT TRANSPORTATION BY POV IAW JTR 051202. AIRMAN MUST TRAVEL TO THE DESIGNATED PLACE BEFORE TRAVELING TO THE NEW PDS.
Is amended to read: DEPENDENTS WILL RELOCATE TO (COLORADO SPRINGS, CO) AT GOVERNMENT EXPENSE IAW JTR PARA 050814.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

APPLICABLE AUTHORITY

AFI 24-602, Personal Property Moving and Storage, Volume 4.

8.1. Personally Procured Moves (PPM). The personally procured method of HHG transportation is available to active duty, retired or separated members, and the next of kin of a deceased member. This method allows members to personally procure HHG transportation and/or Non-Temporary Storage (NTS) when they have an allowance to ship or store HHG in connection with a PCS move, special storage, local move, etc. A member can use any privately owned vehicle, direct hire and/or rental of a conveyance (with or without operator) to move HHG. Under no circumstances is the use of a government owned and/or leased vehicle authorized for a Personally Procured Move (PPM). Personally procuring transportation and/or NTS of HHG allows for: 
8.1.1. Reimbursement of actual cost incurred when government transportation is not available and directed by the TO to personally procure transportation for weight moved up to the member’s maximum authorized weight allowance. 
8.1.2. Reimbursement of authorized expenses incurred not to exceed the Government Constructed Cost (GCC) for weight moved up to the member’s maximum authorized weight allowance, or 
8.1.3. A monetary allowance equal to 95% of the GCC for weight moved up to the member’s maximum authorized weight allowance. 
8.1.4. If the member’s authorized expense incurred exceeds the monetary allowance equal to 95% of the GCC, the counselor recreates/reimburses the PPM in accordance with paragraph 8.1.2, not to exceed 100% of the GCC.
8.2. PPM Procedures. The Personal Property Processing Office (PPPO)/Personal Property Shipping Office (PPSO) provides information to members on the methods and procedures for performing a PPM. Counselors advise members that they may elect any of the reimbursement methods above, either as a full PPM or in conjunction with a government arranged move. PPPO/PPSO can assist with preparation of a DD Form 2278, Application for Do It Yourself Move and Counseling Checklist. 
8.2.1. (051501) Government-Procured HHG Transportation. 
8.2.1.1. (051502-B) Government transportation office not available. A member who is directed in writing by Joint Personal Property Shipping Office ([J]PPSO) to personally procure transportation, and/or NTS of HHG because (J)PPSO is unable to procure government contractual services (Government Bill of Lading [GBL], Direct Procurement Method [DPM], etc.) is authorized reimbursement of actual costs for shipment and storage up to the member’s maximum authorized HHG weight allowance. The (J)PPSO issues a letter of non-availability to the member regardless of the member’s service affiliation. A template for a letter of non-availability is located at Attachment 11. 
8.2.1.2. When government transportation of HHG/NTS cannot be procured to honor a member’s primary or alternate shipment dates due to Transportation Service Provider (TSP) capacity constraints (e.g., blackout dates or saturation), (J)PPSO forwards a copy of the letter of non-availability to ppahq.ppec.customerservice@us.af.mil. PPA HQ retains letters of non-availability and notify AF/A4LR to ensure systemic challenges are addressed. 
8.2.1.3. (J)PPSO coordinates with the responsible PPPO immediately after directing the member to personally procure transportation and/or NTS of HHG. PPPO generates a DD Form 2278 under JTR, paragraph 051502-B for actual cost reimbursement.  
8.2.1.4. This method can be extremely costly and should only be applied in circumstances where (J)PPSO has exhausted all possible avenues for transportation or NTS. 
8.2.1.5. Advance authorization. The member may be provided an advance equal to the constructed expenses for transportation (JTR, paragraph 051502-G) to ship the member’s HHG not to exceed the member’s JTR weight allowance. The member is required to provide a copy of the carrier’s estimated expenses to the PPPO/PPSO. 

AIR FORCE EVALUATION

PPA HQ/PPE recommends denying the application.  Based on the documentation provided by the applicant and analysis of the facts, there is no evidence of an error or injustice.  The applicant hired Condor Moving Systems to relocate his personal property from his authorized dependent’s designated location to his next Permanent Duty Assignment, while he served an unaccompanied tour in Turkey.  The JTR, Paragraph 010206, states travel and transportation allowances are payable only after valid orders are issued.  The order directs travel to, from, or between official points and serves as the basis for the trip and associated reimbursements.  A travel authorization or order should be issued before travel begins.  Travel or expenses incurred before a travel authorization or order is issued are not reimbursable, unless otherwise stated in the JTR.  In unusual or urgent situations when travel must begin before a written authorization or order can be issued, a verbal authorization may be given.  In such cases, the verbal authorization must be followed up in writing (a “confirmatory order”) before allowances are paid.  A travel order may only contain authority for travel and transportation allowances provided within the JTR.  If there is any conflict between a travel order and the JTR, the JTR prevails.  The transportation community interprets and applies the allowances within the JTR, and are not the order issuing authority nor the authority to determine if the applicant’s move was urgent or unusual.

A review of the PPM indicates that had the order been issued before the move, his PPM would have been reimbursed in accordance with AFI 24-602.  Because neither the PCS order nor a confirmatory order was issued prior to the start date of the PPM, the transportation community had no choice but to recommend denial of reimbursement.  However, recommend this case be reviewed by competent order issuing authority for their advisement of changing the date of the PCS order.  The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 4 Mar 21 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was timely filed.

2.  The applicant exhausted all available non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board concludes the applicant is the victim of an error or injustice.  While the Board notes the recommendation of PPA HQ/PPE against correcting the record, the Board finds a preponderance of the evidence substantiates the applicant’s contentions.  In this respect, the Board finds that the inordinate delay for issuing the PCS orders caused the applicant not to be reimbursed for his PPM thereby causing him to suffer an injustice.  Therefore, the Board recommends correcting the applicant’s records as indicated below.

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show Special Order Number AN-129979, AF Form 899, Request and Authorization for Permanent Change of Station – Military, Item 28, Date, be amended to reflect 26 Jul 20.

CERTIFICATION

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2021-00039 in Executive Session on 30 Mar 21:

, Panel Chair 
, Panel Member
, Panel Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 30 Sep 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, PPA HQ/PPE, w/atchs, dated 2 Mar 21.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 4 Mar 21.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9.