BOARD DATE: 23 May 2017 DOCKET NUMBER: AR20160005634 BOARD VOTE: _____x____ __x_____ ____x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 23 May 2017 DOCKET NUMBER: AR20160005634 BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing an exception to policy was approved authorizing the applicant’s personally procured move (PPM) prior to the issuance of his retirement order based on the fact his retirement order and its effective date were the same date (31 May 2016), and b. reimbursing the applicant the cost of his PPM in accordance the Joint Federal Travel Regulation based on his documented receipts, not to exceed his authorized household goods weight allowance. _____________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: 23 May 2017 DOCKET NUMBER: AR20160005634 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 reimbursement for a personally procured move (PPM), formerly referred to as a Do It Yourself (DITY) move, performed prior to the issuance of his retirement orders. 2. He states, in effect, that due to circumstances beyond his control, he completed his PPM prior to receiving retirement orders, and for that reason he was not reimbursed for his PPM. 3. The applicant provides: * his retirement orders * two weight tickets * a timeline with narrative and numerous emails * various documents pertaining to his retirement processing CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army on 26 October 1995, and he subsequently was discharged and then accepted an appointment as a second lieutenant/O-1 in the Regular Army on 29 April 2010. 2. On 27 May 2016 in the rank of captain/O-3, he was discharged for the purpose of immediate enlistment or reenlistment in a formerly held enlisted grade. Subsequently, 3 days later retirement orders were issued effectively retiring him the same date as the order (31 May 2016) in the rank and pay grade of master sergeant (MSG)/E-8. 4. The applicant provides the following: a. a DA Form 4187 (Personnel Action), dated 30 April 2015, requesting voluntary retirement effective 1 March 2016. b. a DA Form 200 (Transmittal Record) showing the Retirement Services Officer (RSO) signed for his retirement packet on 10 August 2015. c. email correspondence from the applicant to the RSO, sent 2 September 2015, resubmitting his retirement packet and inquiring as how long it would take to get his orders in a reasonable time. d. email correspondence from the U.S. Army Human Resources Command (HRC) sent on 8 October 2015, returning the applicant’s retirement packet without action due to an unfulfilled active duty service obligation (ADSO). e. email correspondence from the applicant sent on 14 October 2015, requesting the RSO review and sign an exception to policy request to conduct a PPM without orders. The applicant drafted the document and provided as an attachment: (1) weight tickets showing he completed his PPM from 9 to 10 October 2015. (2) his request to waive the ADSO submitted on 16 October 2015. f. an unclassified message, dated 14 December 2015, approving his unqualified resignation, effective 27 May 2016, and directing separation orders be issued for the purpose of enlistment/reenlistment in the Regular Army (RA) for retirement. g. an email, dated 6 January 2016, from HRC notifying the applicant that his retirement was approved. 5. On 11 February 2016, the U.S. Army Installation Management Command (IMC), Fort Bliss, TX, published Orders 042-0018, discharging the applicant, effective 27 May 2016, for the purpose of reenlisting in the RA to retire in an enlisted status. 6. On 17 February 2016, an email from the Transition Center notified the applicant that his separation orders were ready for pickup; however, his retirement orders would be published at a later date due to system limitations. Specifically, the transition processing system would not allow the applicant to be shown as an enlisted Soldier and an officer at the same time. 7. On 27 May 2016, the Acting Chief, Transportation Policy Division, provided an advisory opinion. The advisory official cited the Joint Federal Travel Regulations (JFTR): a. Paragraph 5208-E addresses all the requirements for household goods (HHG) transportation before an order is issued and is relevant in this instance. 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 date from overseas duty) is not advice that the order is to be issued (52 Comptroller General 769 (1973)). Statement from the authorizing official/designated representative that the member was advised before such an order was issued that it would be issued, this authoring official for an officer retirement is HRC. b. As a retiring Service member, the JFTR states the travel order establishes conditions for Government-funded official travel and transportation. The JFTR further states travel reimbursement is not authorized when travel is performed before receipt of written or oral orders. The retirement orders publication date is when the Army G-1 and Army Budget Office fund the retirement move. Accordingly, the applicant is not entitled to reimbursement of his moving expenses for his PPM or DITY move because he incurred those expenses before he received written or oral orders. 8. 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 by the suspense date. 9. Orders 152-0028, issued by IMC, dated 31 May 2016, retired the applicant on 31 May 2016. He was placed on the retired list effective 1 June 2016. His home of record is shown as Tucson, AZ. REFERENCES: 1. 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. 2. The JFTR, chapter 2, part B, also states 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 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. 4. 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 DITY move – and that failing to comply with service requirements of the program may limit payment or result in complete denial of a claim. 5. Department of the Army Pamphlet (DA PAM) 55-2 (It's Your Move) provides guidance on PPM moves. It states that the PPM is an alternate means of moving personal property and allows a Service member to personally move HHG 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 PCS, temporary duty, separation, retirement, or assignment to/from or between Government quarters. 6. DA PAM 55-2 further states that PPM reimbursement is equal to 95 percent of the Government's constructed cost. The Personal Property Office must provide counseling and prior approval for a PPM move. Failing to comply with service requirements of the program may limit payment or result in complete denial of a claim. a. Beyond the member's control. When a member was unable to obtain counseling, a DD Form 2278 (Application for Do It Yourself Move and Counseling Checklist) , and does not have paid receipts for contracted transportation/NTS (vehicle, transportation service providers (TSP), commercial storage facility) for reasons beyond his/her control (i.e., family emergency, orders received less than 5 days to report to the new permanent duty station), the Personal Property Shipping Office/ Personal Property Processing Office (PPSO/PPPO) must submit the request to the Installation Management Command region for approval. The exception to policy request must include documentation to justify/validate the specific reason that was beyond the member's control for not obtaining PPM counseling and a DD Form 2278. If the exception to policy is approved and the member does not have weight tickets, the member must complete a weight estimator. An actual cost reimbursement not to exceed the Government constructed cost (GCC) for the actual HHG weight transported not to exceed the member's maximum HHG weight or a payment of a monetary allowance equal to 95 percent of the GCC for the actual HHG weight transported not to exceed the member’s maximum weight allowance is authorized. The PPSO/PPPO must provide the member a DD Form 2278 or letter authorizing reimbursement. b. Weight tickets only. When a member did not contact a PPSO/PPPO for counseling and a DD Form 2278 was not prepared but has certified weight tickets for the transportation and/NTS of HHG, the member is authorized payment of a monetary allowance equal to 95 percent of the GCC for the actual HHG weight transported not to exceed the member's maximum weight allowance. The payment of accessorial charges is not authorized. The PPSO/PPPO must provide the member a DD Form 2278 or letter authorizing reimbursement. DISCUSSION: 1. The applicant requests reimbursement for a PPM performed prior to receiving retirement orders. 2. The JFTR does not authorize the movement of household goods before the effective date of the authorization/order unless the request is accompanied by a written agreement from the Soldier acknowledging he/she will incur the costs if the authorization/order is not later issued. 3. The applicant personally procured transportation and moved his household goods to his home of record before the effective date of his separation orders. However, he retired from the Army and thus he was entitled to the transportation of household goods to his home of record. 4. The evidence clearly shows the applicant failed to follow established regulatory procedures and that he had neither retirement orders nor the proper authorization prior to procuring transportation of his HHG to his retirement location. However, also evident is the fact that he attempted to obtain both orders and authorization but was subjected to numerous processing delays to include an ADSO requirement, not all of which were within his control. He ultimately resigned his commission and was discharged to accept an enlistment in his previously held enlisted grade of MSG/E-8. Within 3 days of his enlistment date, he was issued retirement orders that were effective the date of publication. 5. While taking into consideration the advisory opinion, the applicant's non-compliance with the administrative aspects of his PPM move does not necessarily nullify his entitlement to move his household goods at government expense when he retired from the Army. It is reasonable to presume that he did not act with intent to defraud the government and the retirement orders published subsequent to the applicant's PPM move authorized him to move his household goods to his home of record, the exact location he moved them to. The evidence indicates the governing policies did not anticipate the applicant's circumstances. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160005634 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160005634 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2