IN THE CASE OF: BOARD DATE: 31 May 2018 DOCKET NUMBER: AR20160006800 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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: 31 May 2018 DOCKET NUMBER: AR20160006800 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 for a personally procured move (PPM) of his household goods (HHG) (also known as a do-it-yourself (DITY) move). 2. The applicant states: a. On multiple occasions personnel from the Transportation Office at Fort Polk, LA, provided erroneous information regarding the start date of his PPM. His wife and two children had gone without HHG for 2 months prior to his PPM. It was never his intent to violate Army policy but rather provide the basic necessities his family deserves. b. He knew he stood less than a 5 percent chance of being selected for the rank of major. For over a year he and his wife began a rigorous effort to secure civilian employment in case he would have to separate from the Army. In October of 2015, his wife accepted a position as an elementary school teacher. Her employment required her to begin work by the 1st of October, so he moved his wife and children to Texas, 10 hours away from his duty station. He completed a DITY move without permission or orders. His wife and children had slept on air mattresses and sat on lawn furniture for 2 months. c. As time continued with no resolution on his promotion board results and with his continued concern to afford his family access to household goods, he made a phone call to the Transportation Office and was informed he could make a DITY move whenever he wanted. He was told to just keep all of his receipts. He called the Transportation Office a second time to ensure he could make the DITY move without orders. Upon confirmation, he paid for and secured a 26-foot moving truck and materials. He transported nearly 10,000 pounds of household good to Texas. The move cost him days of earned leave, over 500 hours of labor, and $2,000 upfront. He and his wife accepted they would not receive reimbursement without official orders informing him of his separation from the Army. d. He received his expiration of term of service orders on 6 January 2016. When he went to the transportation office on 13 January 2016, he was informed his DITY move was in error and he was offered erroneous information. He submitted an exception to policy request, which was denied. He wants to be reimbursed for the transportation move he conducted. He is saddened by the unprofessionalism of the personnel at the Fort Polk Transportation Office. 3. The applicant provides a personal statement, registration renewal receipt and rental truck/weight ticket receipts. CONSIDERATION OF EVIDENCE: 1. The applicant was appointed a Reserve commissioned officer on 1 June 2002. 2. On 6 January 2016, he was issued Orders Number 006-0312. These orders authorized his reassignment to U.S. Army Transition Point, Fort Polk, LA, with travel and transportation privileges through 180 days after his separation date. His effective date of discharge was 15 January 2016. 3. On 15 January 2016, the applicant was honorably discharged. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was discharged due to non-selection for permanent promotion. 4. His official military personnel file (OMPF) contains no documentation and he provides no additional evidence to show the facts and circumstances surrounding his PPM. 5. In the processing of this case, an advisory opinion was obtained from HQDA, Office of the Deputy Chief of Staff, G-4, Transportation Policy Division. As a result, on 28 August 2017, a G-4 official rendered an advisory opinion and stated, in part: a. The G-4 office reviewed the application and noted the following statutory or regulatory provisions in support of a decision. The Joint Travel Regulations (JTR), paragraphs 2200 and 5208-E, address all the requirements for HHG transportation before an order is issued, including that expenses incurred before receipt of a written or oral order are not reimbursable. b. The applicant received his separation orders dated 6 January 2016, with a date of discharge of 15 January 2016. The separation orders publication date of 6 January 2016 is when the Army G-1 and Army Budget Office would have funded the travel and HHG move. Accordingly, the applicant is not entitled to reimbursement of his moving expenses for his PPM or DITY move from 17- 23 November 2015, because he incurred those expenses before he received a written or oral order. c. The applicant states he received incorrect telephonic guidance from an employee in the Fort Polk Transportation Office. Army policy requires in-person counseling with all Army separatees and retirees with a qualified counselor, not telephonic conversations with an office receptionist. The Defense Office of Hearing and Appeals has noted, "It is a well-settled rule of law the Government cannot be bound by the erroneous advice of its officers or employees, when such advice contravenes existing regulations." 6. The applicant was provided with a copy of the advisory opinion to give him an opportunity to submit a rebuttal and/or provide comments. He responded on 20 September 2017, stating: a. He completely understands the Army's policy in regards to a PPM. His case should be handled as an exception to policy. Army policies are guidelines to enforce a standard, promoting equality and justice. The JTR does not ensure the welfare of a separating Soldier and his/her family are placed at the forefront. b. The total payment owed to his family is estimated to be around three thousand dollars. He and his family earned this money through moving over 10,000 pounds of goods with hard work and prior planning. REFERENCES: 1. The JTR is the authority for travel of uniformed service members and DOD civilian employees. a. Paragraph 2200 states a traveler must exercise the same care and regard for incurring Government paid expenses as would a prudent person traveling at personal expense. b. Paragraph 5208 provides for transportation of permanent duty travel of uniformed personnel. 2. The JTR, chapter 2 (Official Travel), part B (Travel Orders), states a travel order is a document, issued and approved by the Secretarial Process, directing travel to/from/between designated points and serving as the basis for reimbursement by the Government of official travel, transportation, and reimbursable expenses. An order should be issued before travel is performed. Travel reimbursement is not authorized when travel is performed before receipt of a written or oral order. Expenses incurred before receipt of a written or oral orders are not reimbursable. 3. The JTR, chapter 2, part B, also states that 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. 4. The JTR, paragraph 5208-E, provides that HHG transportation before a PCS order is issued is authorized if the request for transportation is supported by a statement from the approving official/designated representative that the member was advised before such an order was issued that it would be issued; applicant- signed written agreement to pay any additional costs incurred for transportation to another point required because the new permanent duty station named in the order is different than that named in the statement; and written applicant-signed agreement to pay the entire transportation cost if a PCS order is not later issued to authorize the transportation. a. 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. b. 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, expected rotation date from outside continental U.S. duty) is not advice that the order is to be issued. DISCUSSION: 1. The evidence shows the applicant executed a DITY move prior to receipt of PCS orders. The evidence also shows that the applicant’s decision to execute a DITY move prior to receiving PCS orders was based on personal convenience. 2. The provisions in the JTR are very clear in that expenses incurred before receipt of written or oral orders are not reimbursable, unless the move is mission essential or an urgent or unusual situation required the DITY move prior to issuance of orders. 3. There is no JTR authority for reimbursement of moving expenses prior to the issuance of PCS orders. 4. The Army G-4 confirmed Army policy requires in-person counseling with all Army separatees and retirees with a qualified counselor, not telephonic conversations with an office receptionist. The advisory official does not recommend relief in this case. 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. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160006800 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160006800 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2