IN THE CASE OF: BOARD DATE: 21 April 2016 DOCKET NUMBER: AR20150009803 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X____ ___X_____ ___X_____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 21 April 2016 DOCKET NUMBER: AR20150009803 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. IN THE CASE OF: BOARD DATE: 21 April 2016 DOCKET NUMBER: AR20150009803 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, in effect, reimbursement of relocation expenses for his dependents and household goods (HHG) storage fees for a personally procured move (PPM). 2. The applicant states: a. As a retired service member, he was denied the opportunity to submit for retirement while deployed and to be late for his last deployment in 2011-2012. This resulted in him losing his "transportation entitlement" in conjunction with his active duty retirement of 22 years. He paid out of pocket to move his family prior to his last deployment and subsequent honorable retirement. The remainder of his HHG remain in storage on base at Fort Carson, CO. He is currently making the payments for this storage until he can take time off from his civilian work to move it. All requests to have his military deployment orders changed to reflect authorization of the movement of his dependents and HHG to his home of record (HOR) during the deployment were denied. His request to submit his retirement request while deployed was also denied causing this financial and unjust hardship. b. Prior to deploying in 2011, he made his unit aware of his intention to retire upon returning from the deployment in 2012. He also made his unit aware of the fact that he had purchased a home prior to deploying and needed to deploy later than originally scheduled in order to move his dependents and HHG. His motive for moving his family was based on the medical issues of his spouse who has severe allergies. He was told that the "compassionate reassignment process" would take longer for approval than deploying and retiring upon his return. He paid more than $7,000.00 out of pocket to move his family, especially his wife, out of Colorado due to her allergies. This amount does not include the current storage amount of $160.00 per month for the portion of his HHG that remain in Colorado. 3. The applicant provides copies of: * two Standard Forms (SF) 600 (Health Record – Chronological Record of Medical Care) and three photographs pertaining to his spouse * Orders Number CR-131-0003, 066-0009, and 156-0029 * eight 2011 moving and storage bills and check and credit card payments * two DA Forms 638 (Recommendation for Award) * DD Form 214 (Certificate of Release or Discharge from Active Duty) ending on 30 April 2013 * three extension requests to the Department of the Air Force, Personal Property Activity Headquarters, Joint Personnel Property Shipping Office Detachment 1, and their reply * email correspondence between him and a staff member of the Army G-4 * ExtraSpace Storage billing and boat storage documentation * 2014 civilian employment documentation * Entitlement Expenses Paid Out of Pocket Summary CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army on 15 October 1996, with prior enlisted service. He served through multiple reenlistments in a variety of assignments, including Afghanistan from 9 June to 15 December 2011. 2. He ultimately retired on 30 April 2013 for sufficient length of service for retirement. He was placed on the retired list in his retired grade of sergeant first class/E-7 on 1 May 2013. 3. He provides: * SF 600 showing his spouse received medical treatment after an allergic reaction on 6 October 2010 and an SF 600 showing she had a follow-up appointment for allergies on 18 November 2010 * two photographs of his spouse, dated 2008 and 2010, showing a swollen face; he stated on one photograph that it was taken after her move to Chester, VA in 2011 * Orders Number CR-131-0003, issued by Headquarters, 4th Infantry and Fort Carson on 11 May 2011 deploying him in support of Operation Enduring Freedom, as a temporary change of station not to exceed 365 days with a proceed date of 9 June 2011, special instructions – normal PCS entitlements, allowance, and relocation of family members are not authorized * Power of Attorney, dated 31 May 2011, for his spouse * eight moving and storage bills and check and credit card payments with a move date of 18 to 28 July 2011 from Colorado Springs, CO, to Chester, VA * Army Commendation Medal Certificate with Permanent Order 315-015, dated 11 November 2011 * Orders Number 066-0009, issued by the Installation Management Command, Fort Carson, CO, on 16 March 2012, retiring him effective 28 February 2013 with instructions to "start planning your household goods shipment 6 to 8 weeks after receipt of orders (www.move.mil)" * Orders Number 156-0029, dated 4 June 2012, amending Orders Number 066-0009 to change his retirement date to 31 March 2013 * DA Form 638, dated 15 January 2013, recommending him for award of the Meritorious Service Medal 4. Concerning his request to obtain authority to move his HHG, he provides: a. Three extension requests and seven emails, dated between 15 November 2012 and 31 March 2015, in which he was advised the Army G-4 denied his exception to policy (ETP) for reimbursement for a PPM in 2012. b. A letter, dated 27 June 2014, in which the Department of the Air Force, Personal Property Activity Headquarters, Joint Personnel Property Shipping Office Detachment 1, Colorado Springs, CO, advised him of its approval of his requested extension until 31 March 2015 for his travel and transportation of HHG entitlement only. The extension did not extend to non-temporary storage of HHG at government expense. If he had HHG in storage, they could remain at the government rate for the duration of his extension and he would be responsible for the cost. c. Documentation pertaining to his boat storage and a statement titled "Entitlement Expenses Paid Out of Pocket Summary" showing his total out of pocket expense for moving was $8,615.43 and storage was $5,958.00. d. Documentation showing he is a civilian employee with the Department of Labor with a hiring date of 24 November 2014. 5. In an advisory opinion, dated 5 February 2016, the Chief, Transportation Policy Division, Office of the Deputy Chief of Staff, G-4, stated in consultation with the Army G-1, proponent of the Department of the Army, Personnel Policy Guidance, his staff confirmed that there is no authority for married Soldiers to relocate dependents, transport, or store HHG under deployment orders. Accordingly, the applicant was not authorized reimbursement by the government for any out of pocket expenses in moving his family from Fort Carson, CO, to Chester, VA, and any self-procured storage fees. 6. On 4 February 2016, the advisory opinion was forwarded to the applicant for acknowledgement and/or possible rebuttal. In his rebuttal received on 8 March 2016 the applicant stated: a. The moving of his family while deployed was done in response to his spouse's medical condition and her inability to adjust to allergic reactions that required hospitalizations at both Fort Hood, TX, and Fort Carson, CO. They had only been stationed at Fort Carson for 1 year (2010-2011) at the time of his deployment which was the last of his four deployments and four separate overseas assignments. His chain of command rejected his filing a compassionate reassignment request. He was also denied the opportunity to deploy later than originally scheduled so he could move his family himself because he could not provide closing documents on the new property prior to his deployment date as directed by his chain of command. b. Having given the Army 22 years and the Marine Corps Reserve 6 years of faithful service and having accepted every overseas assignment (4) and deployment (4), the denial of the opportunity to move his family and then being forced to pay all expenses out of pocket is a disservice to him and his outstanding military career, service, and sacrifices made. His personal property, left behind during his deployment when his family moved to VA at his expense, is currently in storage at the rate of $167.00 per month and will probably be abandoned along with his boat which is also currently in storage because he cannot afford to move it or get authorization from his civilian employer to take time off to get it. c. He submitted hospital records and alleged photographs of his spouse's condition for the Board’s consideration. The multiple military base hospital visits they made at Fort Hood and at Fort Carson would justify any caring and responsible Soldier/husband to move his spouse and family while deployed even if he had to pay for it out of pocket. REFERENCES: 1. The Joint Federal Travel Regulation (JFTR), Volume 1, paragraph U5320, contains guidance on the transportation of HHG and storage for service members. Subparagraph D covers personally-procured transportation and non-temporary storage (NTS). It states that an eligible member (i.e. a member or next of kin in the case of a member’s death) may personally arrange for HHG transportation and/or NTS. Transportation cost claims should be prepared and submitted in accordance with Service regulations. The Government’s cost limit is based on the member’s maximum HHG weight allowance (i.e. if the member transports HHG in excess of the authorized weight allowance, all payments are based on the authorized weight allowance). 2. The JFTR, chapter 2, part B (Orders), states an order used for reimbursement of travel and transportation expenses is a written document issued or approved by the Secretarial Process directing a member or a group of members to travel between designated points. The order establishes the conditions for official travel and transportation at government expense and provides the basis for the traveler's reimbursement. Orders should be issued before the travel is performed. Travel reimbursement is not authorized when the travel is performed before receipt of written or oral orders. An urgent or unusual situation may require that official travel begin or be performed before a written order can be issued. Under these circumstances an oral order conveyed by any medium, including telephone, may be given. When this occurs, the authorizing officer must promptly issue a confirmatory written order. An oral order meets the requirement for a written order when it is given in advance of travel, subsequently confirmed in writing giving the date of the oral order, and approved by competent authority. 3. The Defense Travel Regulation, part IV (Personal Property), attachment K1 ("It's Your Move" – Armed Forces Members), provides information for members on the allowances and responsibilities involving the shipment and/or storage of HHG and unaccompanied baggage. It states the transportation office must provide counseling and prior approval for a PPM – formerly called a do-it-yourself move – and that failing to comply with service requirements of the program may limit payment or result in complete denial of a claim. 4. Headquarters, Department of the Army – Personnel Policy Guidance provides in chapter 8 (Compensation and Entitlements) that married Soldiers [a non-military spouse] are not authorized storage of their HHG at Government expense while on temporary change of station orders. If a married Soldier wants to store their HHG during a deployment, they must do so at their personal expense. Single Soldiers and Soldiers married to another service member when both are deployed are the few who are authorized specialized storage of HHG while on temporary change of station orders of more than 200 days. DISCUSSION: 1. The applicant served on active duty from 15 October 1996 to 30 April 2013. He deployed to Afghanistan from 9 June 2011 to 15 December 2011 on temporary change of station orders. During his deployment, his family member(s) relocated to another geographic location and transported and/or stored their HHG. He did not have military authorization do to so because his temporary change of station orders did not authorize such action at Government expense. His retirement orders were issued in March 2012 which authorized the shipment of HHG. 2. He petitioned the Army G-4 for reimbursement. The Army G-4 denied his request for reimbursement of a PPM in 2011. The Army, G-4 opined that there was no authority for married Soldiers to relocate dependents, transport, or store HHG under temporary change of station orders. As such, the applicant was not authorized reimbursement by the Government for any out of pocket expenses pertaining to moving his family from Fort Carson, CO, to Chester, VA, and any self-procured storage fees. 3. There is no evidence showing he contacted the transportation office before conducting his PPM or that he was improperly counseled regarding PPM moves. The JFTR – which carries the authority of the law – specifically states orders should be issued before the travel is performed and that travel reimbursement is not authorized when the travel is performed before receipt of written or oral orders. As a senior noncommissioned officer who has moved multiple times, he presumably had enough experience with military moves to know who to contact in order to execute a proper and authorized PPM. 4. There is no evidence showing he was erroneously or unjustly denied reimbursement for his PPM. A reimbursement of expenses would entitle him to an entitlement and/or compensation not afforded other soldiers in similar situations and is contrary to the JFTR. There is no provision in the law that allows for an exception to policy to reimburse him his PPM and HHG storage expenses based on the evidence of record. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150009803 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150009803 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2