DEPARTM ENT OF THE AR MY ARMY REVIEW BOARDS AGENCY 251 1BTH STREET SOUTH, SUITE 385 ARLINGTON, VA 22202-3531 SAMR-RB 13 November 2017 MEMORANDUM FOR Case Management Division, US Army Review Boards Agency, 251 18th Street South, Suite 385, Arlington, VA 22202-3531 SUBJECT: Army Board for Correction of Military Records Record of Proceedings for AR20160002698 1. Reference the attached Army Board for Correction of Military Records Record of Proceedings, dated 10 October 2017, in which the Board members unanimously recommended denial of the applicant's request. 2. I have reviewed the findings, conclusions, and Board member recommendations. I find there is sufficient evidence to grant relief. Therefore, under the authority of Title 10, United States Code, section 1552, I direct that all Department of the Army Records of the individual concerned be corrected by showing the applicant received an exception to policy allowing him reimbursement for a personally procured move (PPM) (formerly known as a do-it-yourself (DITY) move). 3. Request necessary administrative action be taken to effect the correction of records as indicated no later than 13 March 2018. Further, request that the individual concerned and counsel, if any, as well as any Members of Congress who have shown interest be advised of the correction and that the Army Board for Correction of Military Records be furnished a copy of the correspondence. BY ORDER OF THE SECRETARY OF THE ARMY: Deputy Assistant Secretary of the Army (Review Boards) Encl CF: ( ) OMPF BOARD DATE: 10 October 2017 DOCKET NUMBER: AR20160002698 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: 10 October 2017 DOCKET NUMBER: AR20160002698 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: 10 October 2017 DOCKET NUMBER: AR20160002698 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, correction of his records to show he was granted an exception to policy to allow his reimbursement for a personally procured move (PPM) (formerly known as a do-it-yourself (DITY) move). 2. The applicant states: a. He requests acceptance of his PPM application which was his final military move from Fort Drum, NY, to his home of residence and receipt of payment of the monetary allowance equal to 95 percent of the Government's constructed cost or actual cost for reimbursement to move 13,500 pounds of household goods (HHG). b. Throughout 2015, he was faced with increasing medical problems that would eventually hinder his ability to continue military service. The medical discharge process was underway during the summer months and the struggle to prepare his family for separation became an increasing reality. His medical separation team and Physical Evaluation Board Liaison Officer (PEBLO) stressed the time frame of his case and painted a picture for a separation date within the next couple of months. c. During this time, he struggled to maintain his work performance and prepare his family to best meet their needs. His spouse received a job offer as an elementary school teacher that would require her presence at an earlier date. The time constraints on separation, moving, his spouse's employment, the start of school for his children, and finalizing his military career inevitably caused a scary and hectic time for his family. d. In the best interest of his family, his wife and three children moved back to Pennsylvania early, prior to issuance of his orders. He knew his orders would be issued soon and he would be exiting the military. Over the next several weeks and months, he conducted several moves to bring his HHG to his family so they would not be without their items. His intentions for the premature move were not to disobey orders, but rather simply do what was best for his family. e. The documentation for his move was organized and presented to the transportation office for clarification and approval. He is requesting that their decision be overturned to enable him to receive the payment for his move to which he feels he is entitled. He served our country with all he has and now must remain with multiple disabilities because of his service. He requests that the military give back to him as much as he gave to the military. 3. The applicant provides: * six Certified Automated Truck Scale receipts, dated between 15 August 2015 and 8 October 2015 * four U-Haul Moving and Storage receipts, dated between 14 August 2015 and 8 October 2015 * U.S. Army Installation Management Command Orders 306-1014, dated 2 November 2015 * self-authored memorandum for record, dated 3 November 2015 * U.S. Army Installation Management Command Orders 309-1018, dated 5 November 2015 * DD Form 1351-2 (Travel Voucher or Subvoucher), dated 5 November 2015 * PPM Checklist and Expense Certification, dated 5 November 2015 * DD Form 2278 (Application for Do It Yourself Move and Counseling Checklist), dated 10 November 2015 * letter from Windsor Christian Academy, dated 20 December 2015 * DD Form 214 (Certificate of Release or Discharge from Active Duty) * DD Form 2278, dated 11 July 2016 CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army on 7 April 2009. He was appointed as a Reserve commissioned officer of the U.S. Army on 21 May 2014. 2. He provided copies of Certified Automated Truck Scale receipts, dated 15 August 2015, 17 August 2015, 16 September 2015, 20 September 2015, 8 October 2015, and 8 October 2015 that show the weight of the steer axle, drive axle, trailer axle, and gross weight of each rented vehicle. 3. He also provided U-Haul Moving and Storage at Fort Drum receipts showing his rental of equipment, to include trucks and trailers. The receipts show he was charged the following amounts for the rentals: * $129.08 on 14 August 2015 * $191.12 on 16 September 2015 * $193.63 on 8 October 2015 4. A DA Form 199 (Informal Physical Evaluation Board (PEB) Proceedings), shows a PEB convened on 26 October 2015 and found the applicant physically unfit due to lumbosacral spondylosis, lumbar invertebral disc syndrome, thoracic strain, radiculopathy of the right lower extremity after low back pain subsequent to lifting an air conditioner, and right knee tendonitis presented with symptoms after running. The PEB recommended a combined rating of 60 percent and his permanent disability retirement. The applicant concurred with the findings on 28 October 2015. 5. U.S. Army Installation Management Command Orders 306-1014, dated 2 November 2015, released him from assignment and duty effective 28 January 2016 because of physical disability under conditions that permitted his retirement for permanent physical disability. He was placed on the Retired List on 29 January 2016 with a disability rating of 60 percent. 6. The applicant submitted a memorandum for record, dated 3 November 2015, subject: Retirement Transportation, wherein he stated: a. Throughout the past year he had been going through the medical evaluation board process for retirement and he knew his time in service would be coming to an end in the fall. In preparation, he moved his family back to Pennsylvania to settle into their new home. Since he had time before his separation date, he took multiple trips to Pennsylvania to see his family. Every time he went home to visit, he would rent a U-Haul truck or trailer and take his HHG back with him until all items were located in Pennsylvania. b. The dates, type of vehicle used, and vehicular weights were: * 6'x12' trailer on 17 August 2015 – first weight 10,420 pounds, second weight 7,520 pounds * 26' truck with 5'x10' trailer on 16 September 2015 – first weight 22,660 pounds, second weight 13,740 pounds * 6'x12' trailer on 8 October 2015 – first weight 9,420 pounds, second weight 7,460 pounds c. The 6'x12' trailers were towed using his personally owned vehicle, a 2011 Chevrolet Silverado. d. Handwritten statements on the memorandum convey that he would like to request an exception to policy due to performing his PPM prior to issuance of orders and the U-Haul trailers and truck were driven to his residence in Pennsylvania and returned to the U-Haul station in New York. 7. U.S. Army Installation Management Command Orders 309-1018, dated 5 November 2015, amended Orders 306-1014, dated 2 November 2015, to reflect his retired grade as first lieutenant with a date of rank of 28 November 2015 in lieu of second lieutenant with a date of rank of 20 May 2014. 8. His DD Form 1351-2, dated 5 November 2015, shows he submitted a travel voucher and requested electronic fund transfer for a PPM due to retirement. An accompanying PPM Checklist and Expense Certification, dated 5 November 2015, shows he claimed the following operating expenses for his 15 August 2015 move from Gouverneur, NY, to Morgantown, PA: * contracted expenses (rental truck, trailer, moving service, etc.) – $556.30 * rental equipment/materials (hand/appliance dolly, furniture pads, etc.) – $22.00 * weighing fees – $54.50 * total expenses – $632.80 9. His DD Form 2278, dated 10 November 2015, shows he was authorized a PPM from Gouverneur, NY, to Morgantown, PA. The maximum authorized weight was 13,500 pounds and the estimated gross incentive allowance was $6,842.01. 10. A letter from Windsor Christian Academy, dated 20 December 2015, states the applicant's wife was issued a contract for employment as a teacher with the school on 30 June 2015. She accepted the school's contract offer and began working on 1 August 2015. Although her husband had to remain in New York until his medical discharge from the Army was complete, it was necessary for her to move to Pennsylvania ahead of her husband so she could begin her work as a teacher at Windsor Christian Academy. Unlike other professions, teachers are bound to the academic year and the start date must be firm. 11. His DD Form 214 shows he retired due to permanent disability effective 28 January 2016. He completed 1 year, 8 months, and 8 days of net active service during this period with 5 years, 1 month, and 14 days of prior active service. 12. He provided a second DD Form 2278, dated 11 July 2016, but is incomplete. 13. An official from the Transportation Policy Division, Office of the Deputy Chief of Staff, G-4 (Logistics), provided an advisory opinion pertaining to this application on 17 April 2017 wherein he stated: a. The Joint Travel Regulations contain the basic statutory regulations concerning a uniformed service member's travel and transportation entitlements and address circumstances which prohibit payment of certain allowances after the fact, to include those for retiring service members. The Joint Travel Regulations state the travel order establishes conditions for government-funded official travel and transportation and further state travel reimbursement is not authorized when travel is performed before receipt of a written or oral order. b. Paragraph 5208-E addresses all requirements for HHG transportation before an order is issued. It states, "General information furnished to the service member concerning order issuance before the determination is made to actually issue the order (such as time of eventual release from active duty, time of service term expiration, eligibility date for retirement, expected rotation dated from overseas duty) is not advice that the order is to be issued." c. The applicant received his retirement orders, dated 2 November 2015, with a retirement date of 28 January 2016. The retirement orders publication date of 2 November 2015 is when the Army G-1 (Personnel) Army Budget Office, Fort Drum Military Personnel Division, funded the retirement move. Accordingly, the applicant was not authorized reimbursement of his moving expenses for his PPM or DITY moves on 17 August 2015, 16 September 2015, and 8 October 2015, because he incurred all of those expenses before he received a written or oral order on 2 November 2015. 14. The applicant was provided a copy of the advisory opinion on 18 April 2017 and given an opportunity to respond. He responded on 3 May 2017, stating: a. He wanted to thank the Army Review Boards Agency Case Management Division for all their efforts with his case. He pleads for understanding and compassion of his situation during his transition and hopefully he is able to demonstrate the position his family was faced with in the summer of 2015. b. In late June and early July, he was heavily involved with the submission of his Department of Veterans Affairs' packet and medical evaluations. During the following weeks, his PEBLO at Fort Drum kept in constant communication with him as information became available. His results from the medical evaluation came back in July and, based on the rating system, he was informed by his PEBLO the retirement was definite due to a minimum rating of 30 percent. The only thing he was waiting on was issuance of his actual orders, which took much longer than anticipated. c. Knowing his career in the military was coming to a rapid close, his focus was on handling the transition for his family. His wife received a job offer as an elementary school teacher. In order for her to accept the position, she needed to be moved to Pennsylvania for the beginning of the school year. With her job offer being the only source of income for the family once they moved, the opportunity to secure an income was much needed to sustain his family's future. In addition, his children would also benefit from the school start along with his wife, as the transition would be difficult for them as well. d. The move created a financial burden for his family as they struggled with affording the move. They had to take out a loan to help pay for the move and settle into their new residence. The hopes were that his organized and detailed transportation packet would have helped in the approval of his allotted money. Not receiving the money that he was under the impression he would be receiving put his family in a financial hardship as they transitioned, from which they still have not recovered. e. He understood the intent of the advisory opinion he received based upon the dates of events. However, he is asking with great respect for consideration of the situation he was faced with, as everything he thought his career would be was soon to be finished. REFERENCES: The Joint Travel Regulations prescribe policy, criteria, and administrative instructions regarding per diem, travel, and transportation for Uniformed Service Members and Department of Defense civilian employees. Chapter 5 (Permanent Duty Travel), paragraph 5208E (HHG Transportation before an Order is Issued), states HHG transportation (before a permanent change of station (PCS) order is issued) is authorized if the request for transportation is supported by the following: a. a statement from the authorized official/designated representative that the member was advised before such an order was issued that it would be issued; b. an applicant-signed written agreement to pay any additional costs incurred form transportation to another point required because the new permanent duty station named in the order is different than that named in a statement in the above paragraph; and c. an applicant-signed written agreement to pay the entire transportation cost (if a PCS order is not later issued to authorize the transportation). d. The length of time before the PCS order is issued, during which a member may be advised that an order is to be issued, may not exceed the relatively short period between the time when a determination is made to order the member to make a PCS and the date on which the order is actually issued. e. General information furnished to the member concerning order issuance before the determination is made to actually issue the order (such as time of eventual release from active duty, time of service term expiration, eligibility date for retirement, or expected rotation date from outside the continental United States duty) is not advice that the order is to be issued. DISCUSSION: 1. The applicant rented a trailer and a truck on several occasions that he used to personally move his HHG on 17 August 2015, 16 September 2015, and 8 October 2015 from his duty station at Fort Drum, NY, to his home of selection in Pennsylvania. He made these moves to accommodate his wife's acceptance of a job offer as an elementary school teacher with a starting date of August 2015. 2. The applicant's PEB did not convene until 26 October 2015, after he had executed his PPMs. The PEB found him physically unfit and recommended his permanent disability retirement with a combined disability rating of 60 percent. The applicant concurred with the findings on 28 October 2015. 3. Separation orders were subsequently issued on 2 November 2015 authorizing his retirement on 29 January 2016. 5. On 3 November 2015, he requested an exception to policy to authorize his previously executed but not authorized PPM. 6. The advisory opinion does not recommend approval of the applicant's request. The Joint Travel Regulations do not allow for the movement of HHG prior to the issuance of orders unless a statement from the authorized official that the Soldier was advised before such an order was issued that it would be issued and the issuance would be issued in a relatively short period of time. 7. Not only had the applicant's separation orders not yet been issued at the time of the PPM, there is no evidence he was advised in writing or otherwise that his orders were forthcoming. Moreover, the PEB convened after movement of his HHG to determine he would, in fact, be permanently retired, after which appropriate orders were issued. //NOTHING FOLLOWS//