IN THE CASE OF: BOARD DATE: 27 July 2020 DOCKET NUMBER: AR20180006836 APPLICANT REQUESTS: in effect, amendment of his March 2015 Permanent Change of Station (PCS) orders to authorize Dislocation Allowance (DLA) and PCS entitlement from Yakima, WA, to Walla Walla, WA. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Orders Number 181-907, dated 29 June 2012 * Personal property worksheet, dated 14 July 2012 * DD Form 2278 (Application for Do It Yourself (DITY) Move and Counseling checklist), dated 20 July 2012 * AF Form 2519 (All Purpose Checklist), dated 27 July 2012 * Truck and trailer rental, dated 27 July 2012 * Personally Procured Move (PPM) checklist and certification of expenses, dated 20 July 2012 and 1 August 2012 * Rental agreement, dated 1 May 2013 * Orders Number 026-671, dated 26 January 2015 * DA Form 5960 (Authorization to Start, Stop, or Change Basic Allowance for Quarters (BAQ), and/or Variable Housing Allowance (VHA), dated 1 March 2015 * DD Forms 1351-2 (Travel Voucher or Subvoucher), dated 2 October 2012, 30 July 2012, and 8 December 2017 * Email correspondence 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 (ABCMR) 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, in pertinent part, his lack of knowledge in how a PCS and transfer are conducted on the active duty side of the Army National Guard (ARNG), and he felt a unit official in charge at the time was taking advantage of the situation and saved time and money on moving a Soldier. He has been on Active Guard/Reserve (AGR) duty over 5 years now and is seeing a trend in the State of Washington with shorting the Service members funding they are entitled to under the Joint Travel Regulation (JTR) and other regulations. 3. A review of the applicant's official records shows the following: a. On 29 September 2004, the applicant enlisted in the Washington ARNG (WAARNG). b. On 29 June 2012, Orders Number 181-907, issued by the Office of the Adjutant General, ordered the applicant to full time National Guard duty in an AGR status. He was to report to B Company, 181st Brigade Support Battalion, Yakima, WA (98901). He was authorized PCS entitlements from his home of record to his AGR duty station. c. On 14 August 2012, Orders Number 227-910, issued by the Office of the Adjutant General, placed the applicant in an AGR status from 2 July 2012 – 1 July 2015. He was ordered from his home of record (College Place, WA) to Yakima, WA. d. On 29 January 2015, Orders Number 026-671, issued by the Office of the Adjutant General, released the applicant from B Company, 181st Brigade support Battalion, and transferred him to Detachment 1, G Company, 181st Brigade Support Battalion, Walla Walla, WA (99362) (distance from 98901 to 99362 is approximately 103 miles). No PCS entitlements were authorized. e. On 31 March 2015, Orders Number 090-504, issued by the Office of the Adjutant General, continued the applicant in an AGR status from 2 July 2015 – 28 September 2019. f. On 22 July 2020, the analyst of record contacted the applicant by email seeking clarification of his request to the Board. The applicant replied stating he was already paid DLA. 4. The applicant provides: a. Personal property worksheet showing the applicant shipped an estimated weight of 4,000 pounds when he was ordered to AGR status. b. DD Form 2278 showing the applicant requested a DITY move from his home of record to his AGR duty station at Yakima, WA. c. AF Form 2519 showing the required documents to be submitted to the transportation movement office. d. Truck and trailer rental showing the applicant obtained the equipment for a DITY move. e. PPM checklist showing expenses incurred by the applicant and documents required to be submitted with a PPM when he was ordered to an AGR status. f. Rental agreement signed by the applicant when he obtained a residence in Yakima, WA when he was ordered to an AGR status. g. DA Form 5960 showing the applicant initiated BAQ entitlement for his dependents based on his residence in Walla Walla, WA. h. DD Forms 1351-2 submitted for: * Order to AGR status DITY move from his home of record * accompanied move with his dependents when he was ordered to an AGR status * PCS move from Yakima, WA to Walla Walla, WA (140-mile distance) i. Email correspondence wherein the applicant inquired about available monies for a PCS and DLA associated with his 2015 transfer since he was told at the time monies were not available. The applicant was further told that was not true and that he was entitled to PCS and DLA when he moved outside of 50 miles. At a later date a WAARNG official informed the applicant that according to the Department of Defense official table of distances, the distance was 130 miles for the applicant's move. He was authorized a PCS move. PCS monies were available in fiscal year 2015 and being authorized by the AGR through September 2015. The WAARNG cited the JTR, chapter 5 as it pertains to the authorization to DLA and why the applicant did not receive it. 5. See applicable references below. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found the requested relief is warranted. 2. The Board agreed that Orders 026-671, dated 26 January 2015, erroneously stated that no PCS entitlements were authorized. Based on a preponderance of evidence, the Board determined the orders should be amended to show PCS entitlements were authorized. ? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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 and Army National Guard records of the individual concerned be corrected by amending Orders 026-671, issued by the Office of the Adjutant General, State of Washington, dated 26 January 2015 to show permanent change of station entitlements were authorized, and paying the applicant any monies he is due as a result of this correction. 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 3 years after discovery of the alleged error or injustice. This provision of law also allows the 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. 2. JTR, chapter 5, in effect at the time states: a. Section 5000, states PCS travel is covered with a transfer in conjunction with a permanent duty transfer from one station to another. b. Section 5070, authority for dependents travel must be included in a PCS travel order, or an amended travel order. c. Table U5A-1 states a PCS from Continental U.S (CONUS) to CONUS dependent travel, and household good shipment is authorized. d. Section 5164 states PCS travel by Privately Owned Vehicle (POV) is to the Government's advantage. A traveler traveling by POV is authorized Monetary Allowance in Lieu of Transportation (MALT). MALT is paid on a per mile basis of the official distance of each portion of the ordered travel. Effective 1 January 2015, the MALT rate was $.23/mile. It is effective for all PCS travel that commences after 1 January 2015. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180006836 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1