MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           9 September 1999                   
	DOCKET NUMBER:   AR1999029562

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

	Mr. Loren G. Harrell		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Erin J. Olmes		Chairperson	
	Ms. Irene N. Wheelwright		Member	
	Mr. Christopher J. Prosser		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

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

APPLICANT REQUESTS:  That she be reimbursed for the costs she incurred as a result of her Do-It-Yourself (DITY) move.

APPLICANT STATES:  That she and her own hired help placed her household goods (HHG) into storage at the place of origin.  The Fort Lewis counselor informed her she would be paid at the exact rate as shown on their 8 May 1998 memorandum and to handle the entire DITY move paperwork at her destination.  At her destination she was informed that erroneous information had been given to her and that the government would only reimburse her for the exact cost of her rental truck and storage rental receipts.  She paid for their mistake by going into debt for $3374.80 without recompense from the government.  She provides as supporting evidence an 8 May 1998 memorandum from the Fort Lewis Joint Personal Property Shipping Office (JPPSO), letters dated 3 February and          23 March 1999 from the Office of the Deputy Chief of Staff for Logistics (DCSLOG) to her senator and her note of response dated 7 April 1999, three weight tickets and one weight scale document.

EVIDENCE OF RECORD:  The applicant's military records show:

She entered active duty in June 1997 as a Medical Corps officer and was assigned to Madigan Army Medical Center, Tacoma, WA.  

On or about May 1998, the applicant was reassigned.  On 8 May 1998, the Fort Lewis, WA JPPSO issued a memorandum for the Defense Finance and Accounting Service, Fort Lee, VA.  At some point the memorandum was marked up with cost figures indicating a total of $3374.80.  

On 3 February 1999, DCSLOG responded to a Congressional inquiry.  DCSLOG noted weight tickets are required to determine the Government’s cost to move and/or store the applicant’s HHG.  The applicant did not weigh the HHG prior to placing them in storage, and without weight tickets the reimbursement would be for actual costs only.  She would be reimbursed the actual storage costs and the cost of the rental truck used to place the HHG in storage.  DCSLOG noted that the worksheet (but does not make clear if they mean the 8 May 1998 memorandum or the DD Form 2278) was used in conjunction with the storage weight tickets to calculate the storage reimbursement.

On 23 March 1999, DCSLOG responded to a further Congressional inquiry.  DCSLOG again noted that the applicant should ensure that all of her weight tickets were provided to the Transportation Office as they are used in calculating the Government’s cost to move a like weight of HHG and to compute her incentive.  DCSLOG also noted that she was authorized reimbursement of storage costs not to exceed what it would have cost the government to store the HHG and the worksheet is a management control document to ensure the storage reimbursement does not exceed the Government’s cost.  She had submitted three storage receipts totaling $104.94 and she was authorized reimbursement of $104.94 for storage costs.

Army Regulation 55-71 covers Department of the Army policy and responsibilities on the transportation of personal property and transportation and related services authorized by legal authority or regulations.  Chapter 14 outlines policies governing the DITY program, which is a program offered to military members as an alternate method of moving their HHG.  Members may find the DITY program advantageous since they do not have to wait until a moving company can move their HHG; have complete control over their property during the move, can use their HHG until ready to move; and can earn an incentive payment.  A member is paid a monetary incentive equal to 95 percent of what it would have cost the Government to move the authorized or actual HHG weight (whichever is less) commercially, minus the DITY cost incurred (the amount the Government pays the contractor for providing the rental vehicle, equipment and packing materials). The operating allowance that the member may receive is part of the member’s incentive.  The origin Transportation Office will furnish the member a copy of DD Form 2278.  This form will show the cost comparison of moving the member’s HHG by DITY versus moving commercially and the estimated incentive payment. The finance office computes the actual incentive after the move is completed.  For storage options, mini-warehouse storage may be used.  If so, the member must arrange it at personal expense.  Upon termination of the storage within the prescribed time limitations, the member can file a claim through Finance for reimbursement of storage costs.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

2.   The applicant appears to be confused (as is the Board) with DCSLOG’s reference to weight tickets in their Congressional correspondence.  In the parts pertinent to “storage” of HHG, versus the “moving” of HHG,” the regulation states that upon termination of the storage within the prescribed time limitations, the member can file a claim through Finance for reimbursement of storage costs.  No other costs are mentioned as being authorized.  

3.  The applicant has submitted no evidence to show she was misinformed on her reimbursement entitlements by the Fort Lewis, WA Transportation Office.  If she had been misinformed, the Board might consider her claim as a matter of equity, but she has submitted no evidence to show what her actual costs were or the DD Form 2278. 

3.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__ejo ___  __inw ___  __cjp ___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999029562	
SUFFIX		
RECON		
DATE BOARDED	19990909	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	128.14	
2.		
3.		
4.		
5.		
6.