ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  26 July 2019

	DOCKET NUMBER:  AR20180004079


APPLICANT REQUESTS:  reversal of the decision to recoup funds paid for self-procured storage costs and reimbursement for a personally property move (PPM).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Self-Authored Statement, dated 3 March 2018
* Memorandum from Legal Assistance, dated 12 March 2018
* Permanent Change of Station (PCS Orders) (144-082), dated 24 May 2018
* Receipts for U-Haul and Vehicle Information
* Rental Agreement - Riverbend Storage Self-Storage(3)
* Rental Agreement - Happy Boxes Self-Storage
* Ledger History - Happy Boxes
* PCS Orders (163-001), dated 12 June 2014
* Amendment to PCS Orders (164-001), dated 13 June 2014
* DD Form 2278 (Application For Do It Yourself Move and Counseling Checklist), dated 26 July 2013
* Memorandum - Request Clarification for Storage Entitlement
* DD Form 139 (Pay and Adjustment)
* Email Correspondence - US ARMY Headquarters Department of the Army, G4
* DD Form 2278 (Application For Do It Yourself Move and Counseling Checklist), dated 17 June 2014
* PCS Orders (175-4302), dated 24 June 2015
* Email Correspondence - Defense Military Pay Office
* Transportation Receipts (4)
* DoD Financial Management Regulation, Volume 9, Chapter 6 (Permanent Duty Travel)
* Joint Federal Travel Regulation (JFTR), Chapter 5, Local Moves

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states:

	a.  The Army G-4 made an erroneous determination in that he was not entitled payment for self-procured storage in the amount of $1,485 from July 2013 to July 2014.  Also, that he was not entitled to be paid for another personal property move (PPM) within the Virginia (VA) and Maryland (MD) area in June and July 2014.  He adds that his military orders and amendments specifically authorized him to move his household goods (HHGs) within the VA and MD area.

	b.  He asserts that he was never contacted in regards to the 2014 determination, nor afforded the opportunity to appeal the recoupment.  Additionally, he states the department failed to notify him of wage garnishment and collection actions initiated against him.  In 2018, he was assigned to West Point and was then made aware of the pending actions.

3.  The applicant provides:

	a.  A self-authored statement which states that in July 2013, he received PCS orders to Saudi Arabia.  He contends that he was authorized to move his dependents to Lorton, VA and he elected to do a DITY move.  Upon arrival, he spoke with a Fort Lee transportation counselor and was told that he was authorized storage and reimbursement of his for up to 180 days (see attached).

	b.  A legal assistance memorandum provided by a judge advocate (RS), which states the applicant is facing recoupment action after having been paid for a PPM and storage of HHGs, both of which were authorized by his orders and in accordance (IAW) with the JFTR (see attached).

	c.  DD Form 2278 (Application For Do It Yourself Move (DITY) and Counseling Checklist), dated 24 May 2013, which reflects a DITY move to Lorton, VA.

	d.  Memorandum for Transportation Policy from Fort Lee, VA Traffic Manager (SM), dated 7 October 2014, which request clarification for storage entitlement for the applicant.

	e.  DD Form 139 which states the applicant was paid $7,823 for a PPM HHG move from Fort Sill, OK to Lorton, VA to establish residence for his family and his HHGs while collecting BAH $2,781 per month for rent in Washington, DC metro area, a total of
$66,744.  Also, there is not entitlement to be paid for self-procured storage $1,485 from July 2013 to July 2014.  A letter to inform member of indebtedness was mailed by US Certified mail on 15 October 2014.

4.  A review of the applicant’s service record shows:

	a.  He enlisted in the Regular Army on 1 May 2002.

	b.  He was released from active duty on 31 May 2006.  He completed 4 years and 1 month of active service.  

	c.  On 7 July 2007, he was ordered to active duty for 3 years and on 2 August 2007, he was appointed as a Commissioned Officer in the Regular Army.  

	d.  Per the PCS orders (144-082), dated 24 May 2013, he received a 12-month, unaccompanied assignment to Saudi Arabia.  Item H in the additional instructions states he was authorized family separation allowance, shipment of household goods and movement of family members to a designated location in Lorton, VA.  Also, the orders authorized, at government expense, him to accompany his family members in movement to the designated location.

	e.  On 26 July 2013, the Traffic Management Office at Fort Sill, OK processed payment for a DITY move from Fort Sill to Lorton, VA.

	f.  Per the PCS orders (163-001), dated 12 June 2014, he received a 12-month, unaccompanied assignment to South Korea.

	g.  The PCS orders were amended (164-001) on 13 June 2014 to read the applicant was “authorized shipment of household goods and movement of family members to a designated location in Germantown, MD”.

	h.  He completed the DD Form 2278, dated 14 June 2014, for a DITY move from Lorton, VA to Germantown, MD.

5.  On 20 November 2018, the Office of the Deputy Chief of Staff, G-4, provided an advisory opinion which states:

	a.  Per the Joint Travel Regulation (JTR) paragraph 0518-3b, the applicant is authorized reimbursement for unpaid self-procured storage fees $1,485 or $135 per month from July 2013 to June 2014. 

	b.  The Army G-1 is the approval authority for local moves within the National Capital Region.  The Transportation Policy Division confirmed the applicant was paid for a local move of household goods on 3 July 2014 from Lorton, VA to Germantown, MD.  Also, he was paid for a local move of household goods on 27 September 2016 from Germantown, MD to Lorton, VA.



BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found the relief was warranted.  The applicant’s contentions and the advisory opinion were carefully considered.  The Board concurred with the advisory and recommend providing full relief for reimbursement of $1,485 storage fee.

BOARD VOTE:
Mbr 1	Mbr 2	Mbr 3

X	X	X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 showing he was authorized a personal property move allowing for the reimbursement of storage fees from 2013 – 2014 in the amount of $1,485.
	 
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.

REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.
2.  Joint Travel Regulations (JTR), Chapter 5 (Permanent Duty Travel – Household Transportation (Service Members)), in effect at the time, states:

	a.  Paragraph 0518-A-3b provides that a service member may be authorized or approved SIT for more than the 180-day time limit through the Secretarial Process for reasons that the Service concerned deems appropriate and are beyond the Service member’s control.  The reason must be result in his or her inability to take possession of the HHG within the 180-day limit.

	b.  Paragraph 0519-01 (Short-Distance Move for a Reassignment or PCS) provides a short distance move is authorized through the Secretarial Process when a household relocation is mission essential, is in the Government’s best interest, and is not primarily for the Service member’s convenience.

3.  DoD Financial Management Regulation, Chapter 6 (Permanent Duty Travel), paragraph 060102 states a Do-It-Yourself (DITY) move is a voluntary program which allows Service members to move their household goods (HHG) personally and must be paid an amount equal to 80 percent of what it would cost the government.  In addition the member must have orders authorizing Permanent Change of Station with HHG entitlement.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20180004079


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