BOARD DATE:	  22 March 2012

		DOCKET NUMBER:  AR20110021831 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests he be reimbursed for the storage of a privately owned vehicle (POV).  

2.  The applicant states he was prohibited from shipping a 1965 Mustang which was  his primary POV to his overseas assignment.  He states that although he was allowed to ship another POV, he was not allowed to ship a second vehicle at personal expense due to assignment restrictions.  

3.  The applicant provides the following documents in support of his application:

* D Form 1351-2 (Travel Voucher or Subvoucher)
* Lease Agreement 
* Personal Property Insurance Participation Form
* Storage History Documents
* Vehicle Title
* Assignment Orders

CONSIDERATION OF EVIDENCE:

1.  On 9 February 2009, Headquarters, United States Army Element, Allied Forces Southern Europe (AFSOUTH) Orders 040-002 directed the applicant’s permanent change of station to Belize with a report date of 15 July 2009.  



2.  In connection with the processing of this case, an advisory opinion was obtained from the Chief, Compensation and Entitlements Division, Office of the Deputy Chief of Staff, G-4.  It states that based on a review of the documents submitted by the applicant and of the parameters on POV shipment and storage in the Joint Federal Travel Regulation (JFTR), G-4 recommends the applicant’s request be disapproved.  It further indicates the JFTR provides for shipment/storage of one POV when POV transportation is not authorized to the new overseas permanent duty station.  It further indicates by the applicant’s own admission he shipped a POV to his new overseas duty station and that he was prevented from shipping his antique 1965 Mustang to his overseas location due to country restrictions.  While this is unfortunate, POV storage costs for the vehicle are not reimbursable.  The Government authorizes the shipment or storage of one POV, without exception.  Consequently, disapproval of the applicant’s request is recommended. 

3.  On 11 January 2011, the applicant was provided a copy of the G-4 advisory opinion in order to have the opportunity to reply or to rebut its contents.  To date, he has failed to respond.  

4.  The JFTR contains basic statutory regulations concerning Uniformed Service member’s travel and transportation.  These regulations have been interpreted to have the force and effect of law.  Paragraph U5410 provides guidance on POV shipment/storage and states when POV transportation is authorized, one POV may be shipped/stored.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request for reimbursement for POV storage has been carefully considered.  However, there is insufficient evidence to support this claim.  

2.  By regulation, only one POV may be shipped or stored when POV shipment is authorized to a new overseas duty station.  As a result, given the applicant admits he shipped a vehicle at Government expense, he clearly used this authorization.  Therefore, there are no provisions of law or regulation that allow for reimbursement for storage of a second vehicle and it would not be appropriate to grant the requested relief.  



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__X___  ___X_____  ___X_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _ X  _______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20110021831



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ABCMR Record of Proceedings (cont)                                         AR20110021831



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