BOARD DATE: 25 May 2017 DOCKET NUMBER: AR20160009549 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: 25 May 2017 DOCKET NUMBER: AR20160009549 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: 25 May 2017 DOCKET NUMBER: AR20160009549 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 correction of his records to show his entitlement to ship a privately owned vehicle (POV) to his new duty station, on or about 1 June 2016, in accordance with his permanent change of station (PCS) orders. 2. The applicant states: a. His original orders from Fort Stewart, GA erroneously authorized shipment of his POV to the Kwajalein Atoll (a restricted area). His follow-on orders authorized shipment of his POV to Presidio of Monterey, CA. b. The Headquarters, Department of the Army (HQDA) Defense Travel Management Office (DTMO) determined that no entitlement existed to ship his POV because he stored his POV at personal expense during his assignment to the Kwajalein Atoll. c. The Joint Travel Regulation (JTR) does not restrict shipment of a POV stored at personal expense, as long as the government incurs no cost of movement to the vehicle processing center (VPC). 3. The applicant provides: * Orders 135-306, issued by Headquarters, 3rd Infantry Division and Fort Stewart, Fort Stewart, GA, on 15 May 2016, with amending order 149-309, issued by Headquarters, 3rd Infantry Division on 29 May 2016 * Orders C1-012-039, issued by Headquarters, U.S. Army Garrison, Hawaii, Schofield Barracks, HI, on 12 January 2016 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 was appointed as a Reserve commissioned officer of the Army on 5 May 2007, with concurrent call to active duty in the Regular Army on or about 29 July 2007. He was promoted to first lieutenant on 26 November 2008 and captain (CPT) on 1 June 2010. 3. Orders 135-306, issued by Headquarters, 3rd Infantry Division and Fort Stewart, Fort Stewart, GA, on 15 May 2016 and amended by Orders 149-309, issued by same headquarters on 29 May 2016, ordered the applicant's PCS movement to the U.S. Army Garrison, Kwajalein Atoll (Marshall Islands), on or about 3 July 2015. These orders authorized the shipment of his POV; however, due to its remote location, the Kwajalein Atoll is considered a restricted area. Although the applicant's record does not contain an appropriate amending order that removes the authorization to ship his POV, it's apparent he realized the error and placed his vehicle in long term storage at or near Fort Stewart, GA. 4. Orders C1-012-039, issued by Headquarters, U.S. Army Garrison, Hawaii, Schofield Barracks, HI, on 12 January 2016 and amended by Orders C1-130-105 issued by same headquarters on 9 May 2016, ordered the applicant's PCS movement to the Presidio of Monterey, CA, on or about 31 May 2016. These orders authorized the shipment of his POV. 5. The applicant is currently serving at the Presidio of Monterey, CA. 6. In the processing of this case, an advisory opinion was obtained from the Chief, Transportation Policy Division, Office of the Deputy Chief of Staff (DCS), G-4. This official noted: a. The advising office received CPT [Applicant]'s exception to policy request and discussed two issues with the DTMO, Per Diem Travel and Transportation Committee Staff before reaching a decision. CPT [Applicant] requested Army G-4 approval for one of two authorizations: (1) Shipment of a POV from the Portsmouth, VA VPC to his new permanent duty station at the Presidio of Monterey, CA; or (2) A monetary allowance in lieu of transportation to pick up and drive his POV from either his home of record or Fort Stewart, GA, his previous duty station prior to his PCS to the Kwajalein Atoll where POV shipment is restricted. b. The DTMO/Army G-4 decision is: (1) There is no authority for transportation to and from the storage facility since the Soldier [Applicant] left his POV at a non-commercial storage facility. Storage in a private residence, garage, or private lot does not constitute storage at a commercial facility. (2) Eligible PCS, travel, and transportation allowances are authorized between the overseas duty station and continental U.S. duty station only, meaning travel allowances to pick up the POV left at the member's parent's residence for personal convenience is not authorized at government expense or reimbursable. 7. A copy of the advisory opinion was forwarded to the applicant on 2 November 2016, for information and to allow him the opportunity to submit comments or a rebuttal. He did not respond. REFERENCES: 1. The JTR is the basic statutory regulation governing a uniformed service member’s travel and transportation at government expense, and has the force and effect of law issued primarily under the authority of Title 37, U.S. Code, section 481. 2. JTR, paragraph 5000 (Scope), sub-paragraph B (PCS Travel Covered) provides guidance related to a member's travel in connection with a permanent duty transfer from one station to another. 3. JTR, paragraph 5384 (Storage Facilities Used) provides the following: a. Sub-paragraph A (Designated Storage Facilities) provides that the Services, through their Secretarial processes, may designate POV storage facilities (paragraph 5378). b. Sub-paragraph B (Personally-procured POV Storage) provides that: (1) Commercial Storage Facilities: (a) General. Commercial storage facilities include storage facilities at which anyone may store a POV (i.e., not limited to the particular member/service members in general). (b) Storage Reimbursement. A member may be reimbursed for storing one POV at a commercial facility (paragraph 5378). (c) Travel Reimbursement. A member may be reimbursed for travel to/from a commercial storage facility NTE the cost of travel to the Service-designated storage facility. Example: A member stationed in Fort Bragg, NC, chooses to store a POV in a commercial storage facility in Raleigh, NC. The Service-designated facility is in Goldsboro, NC. Member may be reimbursed for travel to/from the commercial facility NTE the cost of travel to/from Fort Bragg to Goldsboro. (2) Non-commercial Storage Facility: (a) General. Storage in a private residence, garage, or on a private lot does not constitute storage at a commercial facility. (b) Storage Reimbursement. A member who stores a POV at a non-commercial storage facility must not be reimbursed for the costs associated with the POV vehicle's storage. (c) Travel Reimbursement. A member who stores a POV at a non-commercial storage facility must not be reimbursed for the costs associated with or transportation to or from storage (emphasis added). DISCUSSION: 1. The applicant’s request for correction of his records to show his entitlement to ship his POV to his new duty station, in accordance with his PCS orders, was carefully considered. 2. The applicant was ordered to execute a PCS move to the Kwajalein Atoll, a location where POV shipment is restricted. It appears he had the option to store his POV in a commercial storage facility; however, it further appears he elected to store his POV at a non-commercial storage facility. 3. In accordance with paragraph 5384 of the JTR, a member who stores a POV at a non-commercial storage facility must not be reimbursed for the costs associated with or transportation to or from storage. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017490 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160009549 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2