MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:  5 April 2000
	DOCKET NUMBER:   AR1999032788

	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. Theodore G. Heartley		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Lester Echols		Member	
	Mr. Stanley Kelley		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:  Correction of his military records by reimbursing him for the cost of storing his privately owned vehicle (POV) at a private residence while he served on a 1-year unaccompanied tour in Korea.

APPLICANT STATES:  In effect, that transportation officials at Fort Meade, Maryland erroneously advised him that he could receive reimbursement for storing his POV at a private residence since there was no storage facility at Fort Meade.  He further states that he tried to obtain POV storage near Fort Meade however the cost was more than $165.00 per month; and that when he found a private citizen to agree to store his POV for $65.00 per month, he believed that such an arrangement would save the government money.  In support of his request, the applicant submitted an original notarized affidavit, an original paid receipt for $845.00, a copy of a carbonized copy of an issued check in the amount of $845.00, a copy of a POV storage memorandum dated 9 June 1998, a copy of an assignment order to Korea dated 7 May 1998, and a copy of an assignment order to Fort Monroe, Virginia dated 10 May 1999. 

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

He initially enlisted in the Regular Army on 27 December 1983 and continuously served on active duty since then.  He is currently serving on active duty at Fort Monroe in the rank of sergeant first class.

U.S. Army Field Support Center, Fort Meade order number 127-01 dated 7 May 1998, shows that he was assigned to Korea with a reporting date of 20 September 1998.  The order authorized shipment of his personal property to Korea and relocation of his dependents to Brooklyn, New York at government expense.  The order did not indicate whether he was authorized storage of his POV.

Fort Meade transportation office memorandum dated 9 June 1998, indicated that he was authorized to place his POV in a storage facility in Odenton, Maryland.  The memorandum further indicated that no storage facilities were available in the Fort Meade area; that he would be reimbursed actual storage expenses; and that he would not be reimbursed for storage expenses resulting from his POV exceeding 20 measurement tons.  The memorandum did not indicate that he was authorized to store his vehicle with a private individual at a private residence.

His personal check copy dated 29 July 1998, shows an amount of $845.00 for vehicle storage.  The check was payable to an individual, whose name was printed on the check copy, and not identified as an owner of a commercial storage facility.  A receipt dated 29 July 1998, shows an amount of $845.00 and the applicant’s printed name.  The receipt was signed by the individual who provided the POV storage.

A notarized affidavit shows that the applicant and an individual, whose name appears on the receipt and personal check copy, entered into a signed agreement for 13 months of POV storage at a private residence in Severn, Maryland at the rate of $65.00 per month for 13 months with full payment due on the agreement effective of 1 August 1998. 

The Joint Federal Travel Regulation (JFTR) pertains to the transportation and travel entitlements of federal employees, both military and civilian.  Paragraph U5805 states, in effect and pertinent part, that POV storage may be obtained on a government-procured basis or on a personally procured reimbursable basis.  If government-procured POV storage is not available or if an individual is directed to arrange POV storage personally, POV storage costs are reimbursable only if the POV was stored in a commercial facility.  Reimbursement for POV storage at a private residence is not authorized.  

On 23 July 1999, The Joint Personal Property Shipping Office –Washington, D.C., issued a message that provided clarifying instructions regarding non-availability of government-procured POV storage in the wake of apparent confusion over storage facility qualifying criteria when a government-procured POV storage facility was not available.  The message reiterated that the qualifying criteria for a POV storage facility did not include a private residence.  The message directed the field offices to exercise care and caution to insure that all personnel fully understood the personally-procured POV storage criteria to avoid financial loss from having travel settlements for reimbursement of personally–procured POV storage denied based on POV storage at a private residence instead of a commercial storage facility as required by the JFTR. 

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.  The Board concludes that while some evidence suggests that he may have received erroneous information from transportation officials at Fort Meade regarding storage of his POV, this does not constitute a basis for granting the relief that he seeks.  The compelling and overriding factor in this case is the memorandum issued to him by Fort Meade transportation officials that specifically stated since no POV storage facilities were available in the Fort Meade area, he was authorized to store his vehicle in an Odenton, Maryland facility.  The memorandum did not mention nor did it imply that the authorization included storage at a private residence and there is no provision in the statute or regulation that would allow for reimbursement of POV storage costs at a private residence.

2.  The Board further concludes that his decision to store his vehicle at a private residence for $65.00 per month, while perceived by him as a cost saving 
measure for the Army, was certainly misguided in view of the written POV 
storage guidance previously given to him.  His statement concerning his inability to find a local storage facility because the cost was more than $165.00 per month strongly suggests that he was unwilling to properly store his POV and perhaps, unable to pay for it at a higher monthly cost even though such cost would have been eventually reimbursed to him upon his return from Korea.  Although the Board is empathetic and finds his financial dilemma very unfortunate, it was avoidable.

3.  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.

4.  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

__RO___  ___LE__  ___SK___  DENY APPLICATION

						Karl F. Schneider
				     Director, Army Review Boards Agency

INDEX

CASE ID	AR1999032788/	
SUFFIX		
RECON	NA	
DATE BOARDED	20000405	
TYPE OF DISCHARGE	NA	
DATE OF DISCHARGE	NA	
DISCHARGE AUTHORITY	NA	
DISCHARGE REASON	NA	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	128	
2.		
3.		
4.		
5.		
6.