BOARD DATE: 24 August 2017 DOCKET NUMBER: AR20160000964 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 BOARD DATE: 24 August 2017 DOCKET NUMBER: AR20160000964 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. BOARD DATE: 24 August 2017 DOCKET NUMBER: AR20160000964 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 cancellation of his debt resulting from his Do-It-Yourself (DITY) move, currently referred to as a Personally Procured Move (PPM). 2. The applicant states he received an 80-percent initial advance payment in conjunction with his military move in 2008. This payment was later determined to be a Defense Finance and Accounting Service (DFAS) debt due to their inability to contact him. He contends that he was not able to be contacted because he was homeless soon after his separation from the Army. He maintains all requirements for the move were met. In January 2015, he found out he had a debt when he ran a credit report. He has tried to resolve this debt but was unsuccessful. The Joint Personal Property Shipping Office (JPPSO) stated that because of the age of the claim, it could not be reopened or the debt resolved by that office. He contacted DFAS Debt Management in an attempt to pay the debt, but was told that his collection action had been "charged off" and the account was closed. While DFAS said the account was closed, the debt still remains on his credit report. He is not seeking the remaining 20-percent balance owed, but would like the debt removed from his credit report in order to purchase a home. 3. The applicant provides: * Printout from the U-Haul truck website: http://uhaul.com/Trucks/10ft-Moving-Truck-Renta/TM/ * DD Form 2278 (Application for Do It Yourself Move and Counseling Checklist) * DITY Checklist and Certification of Expenses * DD Form 1351-2 (Travel Voucher or Subvoucher) * JPPSO letter, dated 19 December 2008 * Industrial Metal Recycling Inc. Shipping Ticket, dated 6 November 2008 * DFAS Open Collection/Charge-Off Printout CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant enlisted in the Regular Army on 3 November 2005, and he subsequently was honorably discharged on 17 January 2009 in the rank of specialist, pay grade E-4. The narrative reason for his discharge shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty) is disability, non-combat related with entitlement to severance pay. Item 18 (Remarks) of this form shows he received an enlistment bonus in the amount of $16,000.00 and disability severance pay in the amount of $11,694.00. He had no foreign service. 3. The applicant provides: a. His DD Form 2278, dated 23 October 2008 showing he acknowledged the following entitlements and member responsibilities: * he was authorized a DITY move from Colorado Springs, CO to Belgrade, ME * his maximum authorized weight allowance was 7,000 pounds * he was authorized an advanced operating allowance of $2,979.96 * he was responsible for providing empty and loaded weight tickets for each trip made * he was responsible for providing the name, rank, social security number, and weighmaster’s signature on each weight ticket * he agreed to furnish two weight tickets within 45 days from the start of his move * he voluntarily consented to collection of any unearned advanced operating allowance up to a maximum of $2,979.96 * no incentives would be paid without acceptable weight tickets and other required documents * DD Form 2278 and weight tickets must be provided to pay office to receive incentive payment * he and a Government representative signed this form b. Shipping Ticket Number 33287, dated 6 November 2008, showing the rental truck’s gross weight as 14,520 pounds at 1448 hours and the tare weight (empty truck) as 5,920 pounds at 1538 hours that same day. Total household goods weight of his personal property totaled 8,600 pounds. (This is 1,600 pounds over his authorized weight allowance.) c. A DITY Checklist and associated Travel Voucher, dated 7 December 2008, showing the applicant certified $2,321.55 in total moving expenses. This checklist shows he was required to provide two certified empty and two certified loaded weight tickets with applicable receipts for claimable expenses such as fuel, oil, and tolls. d. A JPPSO letter, dated 19 December 2008, noted concerns with the time/date listed on the weight ticket, as well as, concern that the weight (tare weight) of the truck appeared to be low for a rental truck. The notes indicate there were at least three attempts to resolve these concerns between December 2008 and July 2011; however, the applicant’s contact information (phone number and email) were no longer valid. e. A print out from the U-Haul Rental truck website shows the gross capacity vehicle weight at 8,600 pounds and the maximum load capacity at 2,810 pounds for a 10-foot truck. f. A DFAS printout showing a debt of $2,991.00 was charged off on 1 May 2014. 4. On 23 November 2016, the Chief, Transportation Policy Division, Office of the Deputy Chief of Staff, G-4, provided an advisory opinion. The advisory official recommends denying the applicant’s request. a. The applicant received an advance payment of $2,979.96 in order to move his household goods from Colorado Springs, CO to Belgrade, ME. This amount is 60-percent of the estimated cost to move based on a maximum weight allowance of 7,000 pounds. b. His documentation incudes an invalid weight ticket that cannot be used by DFAS to process the close out of his DITY move claim. There is a discrepancy with weight ticket showing 8,600 pounds moved when a 10-foot U-Haul truck maximum load capacity is 2,810 pounds. c. His packet is also missing actual (certified) receipts for the U-Haul truck rental, gas, tolls, and weight ticket totaling $2,321.55 which could be used by DFAS to reimburse the applicant for those actual costs and reduce his debt. 5. A copy of the advisory opinion was forwarded to the applicant to allow him the opportunity to submit comments or a rebuttal. He did not respond. REFERENCES: 1. The Joint Federal Travel Regulations (JFTR), chapter 5 (Permanent Duty Travel) states that upon retirement or honorable separation a Service member is authorized travel to include movement of household goods from his or her last permanent duty station to home of record. This chapter also authorizes advance payment for movement of household goods. 2. 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 household goods and unaccompanied baggage. It states the transportation office must provide counseling and prior approval for a PPM – formerly called a DITY move – and that failing to comply with service requirements of the program may limit payment or result in complete denial of a claim. 3. Department of Defense Financial Management Regulation 7000.14-R Volume 9, chapter 6 (Permanent Duty Travel) explicitly states that no incentive claim can be computed without valid weight tickets or approved constructive weight by the transportation office. Support claims for personally-procured monetary allowance moves with: * Service member’s statement of expenses actually incurred * Certified weight tickets (original or copy) for gross and empty weights * Record of weight shipped with any other record of shipment or storage under the same travel order * If the claim is proper and is supported by the appropriate documentation, the disbursing office shall pay the claim 4. Department of the Army Pamphlet 55-2 (It's Your Move) provides guidance on PPMs. It states the PPM program is an alternate means of moving personal property. The program allows a service member to personally move household goods and either be reimbursed up to the Government's cost or to collect an incentive payment from the Government when they have orders for a permanent change of station, temporary duty, separation, or retirement. The Personal Property/Transportation Office must provide counseling and prior approval must be confirmed for a PPM move. Failing to comply with Service requirements of this program may limit payment or result in complete denial of a claim. DISCUSSION: 1. The applicant was counseled on 23 October 2008 at Colorado Springs, CO on DITY move procedures to include his entitlements, his responsibilities, and the documentation required to submit a claim for a DITY move. Prior to starting his move, he received an advance of $2,979.96. 2. The evidence of record does not show, and the applicant has not provided any evidence to show he provided two certified weight tickets, receipts, or a written contract for the movement of 8,600 pounds of household goods. (His actual authorized household goods weight was 7,000 pounds.) 3. The applicant personally signed his DD Form 2278 wherein he acknowledged he would voluntarily consent to collection of any unearned advance operating allowance up to the maximum amount he received. It is unfortunate he was not reached by Government officials when they attempted to advise the applicant he must submit a claim to retain his advance payment. As he had received advance pay for his move, he was responsible for complying with the instructions of the program. As he failed to file a claim, it could not be approved, thus he incurred a debt to the Government. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000964 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000964 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2