IN THE CASE OF: BOARD DATE: 14 September 2022 DOCKET NUMBER: AR20220001226 APPLICANT REQUESTS: * reimbursement of a $8,528.29 rental car expense * personal appearance via telephone/video APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self-authored letter, dated 7 July 2021 * U.S. Senate letter, dated 13 September 2021 * Self-authored letter from Lieutenant Colonel (LTC), dated 6 September 2021 * Memorandum – Subject: Remission or Cancellation of Indebtedness * DA Form 2823 (Sworn Statement), dated 23 March 2021 * Memorandum – Subject: Letter of Recommendation, dated 22 March 2021 * Memorandum – Subject: Letter of Recommendation, dated 22 March 2021 * Orders Number L041-009, dated 10 February 2020 * Orders Number L056-047, dated 25 February 2020 * DD Form 1610 (Request and Authorization for Temporary Duty (TDY) Travel of Department of Defense (DOD) Personnel), dated 9 March 2020 * DD Form 1610, dated 11 March 2020 * DD Form 1610, dated 30 March 2020 * Email communication * DD Form 1351 (Travel Voucher or Subvoucher), dated 2 October 2020 * DD Form 139 (Pay Adjustment Authorization) * Memorandum – Subject: Notice of Indebtedness to an Officer, dated 17 March 2021 * Account Statement, dated 11 January 2021 * Leave and Earnings Statements (LES) * All Army Activity (ALARACT) Message Number 029/2020, dated 30 March 2020 * DA Form 3508 (Application for Remission or Cancellation of Indebtedness), 16 March 2021 FACTS: 1. The applicant states in pertinent part that during the COVID pandemic a stop movement order was issued resulting in him being ordered to utilize a rental car until an Exception to Policy (ETP) was provided or the stop movement order was lifted. He contests that he incurred a travel debt that is currently being collected through the garnishment of his monthly paycheck. He shipped his Personally Owned Vehicle (POV) shortly before the stop movement guidance was issued. While he was waiting to proceed to his subsequent duty station, his losing command authorized the use of a rental car which later resulted in a $8,528.29 debt. 2. A review of the applicant's available service records reflects the following: a. On 2 March 2017, the applicant was appointed as a Reserve warrant officer and ordered to active duty for 6 years upon his completion of the Warrant Officer Basic Course. b. On 6 March 2017, Headquarters, U.S. Army Garrison, Fort Wainwright, AK, issued Orders Number 065-303 reassigning the applicant to the 15th Military Intelligence Battalion, Fort Hood, TX, with a report date of 19 June 2017. c. On 10 February 2020, Headquarters III Corps and Fort Hood issued Orders Number L041-009 reassigning the applicant to D Company, 65th Brigade Engineer Battalion, Schofield Barracks, HI, with a 24 May 2020 reporting date. d. On 28 May 2020, Headquarters III Corps and Fort Hood rescinded Orders Number L041-009 and issued Orders Number L149-066 reassigning the applicant to the 65th Brigade Engineer Battalion, Schofield Barracks, HI with a reporting date between 21 July 2020 and 31 July 2020. 3. The applicant provides the following a: a. U.S. Senate letter dated 13 September 2021, reflective of the Honorable response to the applicant's request for congressional assistance. The applicant was advised to seek the assistance of the Army Board for Correction of Military Records (ABCMR). b. Self-authored letter from LTC , dated 6 September 2021, reflective of the account of the circumstances surrounding the applicant's Permanent Change of Station (PCS) move during the COVID pandemic. LTC E_ D_ serves as the commander of the 15th Military Intelligence Battalion, Fort Hood, TX. And notes that under normal circumstances, a rental car would not be an authorized expense associated with a PCS move. However, following the applicant's shipment of his POV to HI, a stop movement order was issued preventing travel to his new duty station. The applicant was left in travel limbo for what would be 3-months, an unreasonable amount of time to be without a car. The Intelligence and Security Command (INSCOM) Travel Chief determined that because the applicant had already shipped his vehicle the situation would be considered a hardship which would fall under "Hardship Duty Pay-Restriction of Movement (HDP-ROM)." LTC provides that in his opinion and as a commander that would have approved a rental car to prevent this involuntary hardship, the wording in the body of ALARACT Message Number 029/2020 message provides enough justification to approve the applicant's claim of debt. Moreover, he argues that the intent of the ALARACT Message is quite clear i.e., to prevent undue hardship as a result of COVID-19. However, the Defense Financial Accounting Service (DFAS) disagrees. LTC provides three points of contention: travel limbo, HDP-ROM and messaging vs. intent. His support with each is further provided within the supporting documents for the Board's review. c. Memorandum – Subject: Remission or Cancellation of Indebtedness, reflective of the U.S. Army Human Resources Command, Chief (HRC), Special Actions Branch, response to the applicant's request for debt remission. His request was returned without action because HRC is not authorized to process debts of this nature as the debt appears to be based on entitlements authorized/not authorized on PCS orders received. d. DA Form 2823 dated 23 March 2021, reflective of the applicant's testimony concerning the incurred rental car expenses accrued in association with his delayed PCS move. In addition to his opening statement to this Board, the applicant notes that prior to securing the rental vehicle he advised his chain of command that upon review of the ALARACT message, he did not believe that reimbursement for the use of a rental car would be authorized. He was also advised by the III Corps G-1 office on 23 March 2020, that rental car reimbursement would not be authorized. On 25 March 2020, he was advised to request an ETP and to include a copy of his POV shipment documentation to justify the use of a rental car. Subsequently, on 7 April 2020 the applicant picked up his rental car utilizing his government travel card and maintained use of the car until 8 June 2020. The total cost incurred was $6,927.07. However, on 21 April 2020, the applicant was advised that his initial request for an ETP was not approved by his command. He was advised to request another ETP which was finally approved on 19 May 2020. e. Memorandum – Subject: Letter of Recommendation dated 22 March 2021, reflective of LTC support of the applicant's request for debt remission. LTC is the commander of Headquarters, 65th Brigade Engineer Battalion, HI, and notes that the debt should be collected from the applicant's losing command's line of accounting because the applicant could not prevent this debt as a result of the guidance that he received from his losing command. f. Memorandum – Subject: Letter of Recommendation dated 22 March 2021, reflective of Captain (CPT) support of the applicant's request for debt remission. CPT is the commander of D Company, 65th Brigade Engineer Battalion and also notes that the debt should not be collected from the applicant but instead from his losing command. g. Orders Number L041-009 dated 10 February 2020, reflective of the applicant being reassigned on PCS orders from Fort Hood, TX to Schofield Barracks, HI with a reporting date between 24 May 2020 and 3 June 2020. The shipment of a POV is authorized. h. Orders Number L056-047 dated 25 February 2020, reflective of Orders Number L041-009 being amended by Orders Number 051-008 to reflect authorization for up to 60 days early reporting. i. DD Form 1610 dated 9 March 2020, reflective of the applicant's performance of TDY at Fort Rucker, AL for a period of 44 days with a proceed date of 15 April 2020. The applicant was authorized the use of commercial air and a rental car associated with this order. j. DD Form 1610 dated 11 March 2020, reflective of the applicant's request for orders associated with his attendance at the Aviation Safety Course to be conducted at Fort Rucker, AL from 16 April 2020 – 19 May 2020 (44 days). The performance of this duty was in conjunction with the applicant PCS movement from TX to HI and therefore to be performed enroute. k. DD Form 1610 dated 30 March 2020, reflective of the applicant being authorized the use of a rental car while he awaited departure to his Permanent Duty Station (PDS). The document is void of an associated travel authorization number or authorizing order issuing official. l. Email communication reflective of communication concerning the applicant's authorized use of a rental car. The applicant was advised that since his situation was considered a hardship, he would be authorized a maximum of $100.00 per day to be reimbursed once he in-processed his new duty station. Once arriving at his PDS, the applicant was advised that reimbursement could not be authorized for actions that neither orders, regulatory guidance nor the Joint Federal Travel Regulation support. m. DD Form 1351 dated 2 October 2020, reflective of the applicant's submitted travel settlement associated with his relocation from Fort Hood, TX to HI. The applicant documents 2 rental car expenses associated with this voucher: $3,310.67 (8 April 2020) and $3,616.40 (8 May 2020). The applicant was reimbursed for $3,460.11 worth of authorized travel related expenses. His request for rental reimbursement was not paid. n. DD Form 139 reflective of a $8,528.29 recoupment action being initiated on behalf of the applicant for previous overpayment of expenses allotted within the Defense Travel System. o. Memorandum – Subject: Notice of Indebtedness to an Officer dated 17 March 2021, reflective of the applicant being notified of the $8,528.29 debt accrued between 1-28 February 2021. The applicant was provided 30 days to dispute the debt. p. Account Statement dated 11 January 2021, reflective of the applicant's Government Travel Card balance of $8,470.29 due on 5 February 2021. q. LES reflective of the applicant's pay and entitlements between August 2020 and February 2021. In January 2021, the applicant was placed in salary offset resulting in a monthly deduction of $1,285.62; total debt amount = $8,528.29. r. ALARACT Message Number 029/2020 dated 30 March 2020, reflective of Army guidance for filling PCS and TDY travel claims for Soldiers impacted by COVID 19. The provided flow chart pertaining to "PCS travel interruptions" provides that Soldiers, in receipt of PCS orders who have not shipped their household goods should stop PCS out-processing and wait on a final determination of their movement. There is no change to the travel entitlements. The message also provides that Soldiers who are not currently in a travel status may be eligible for HDP-ROM. This information was to be forthcoming from DFAS. s. DA Form 3508 dated 16 March 2021, reflective of the applicant's request for debt remission based on his current income and monthly expenses. The applicant provides that he can afford payment of $100.00 per month towards the accrued debt; current deduction amount of $1,285.62 per month. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation Upon review of the applicant’s petition and available military records, the Board determined there was sufficient evidence to show the applicant, due to no fault of his own incurred a debt in the amount of $8,528.29 during the COVID pandemic. The Board found a stop movement order was issued resulting in him being ordered to utilize a rental car until an Exception to Policy (ETP) was provided or the stop movement order was lifted. The Board determined relief was warranted for reimbursement of $8,528.29 for rental car expense, whereas the fund would be taken from the applicant losing command line of accounting. 2. The applicant’s request for a personal appearance hearing was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. 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 notifying DFAS that the applicant’s debt in the amount $8,528.29 should be reimbursed and the line of accounting should be used from his losing command. 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. Joint Travel Regulation (JTR) provides the rules for travel by a Service member, travel by a dependent, local travel, and shipment and storage of belongings associated with Permanent Duty Travel. It also covers the eligibility for types of standard PCS allowances: transportation, per diem, miscellaneous reimbursable expenses, dislocation allowances (DLA), and temporary lodging expenses (TLE). The amount of reimbursement depends upon the mode of transportation the Service member or dependent chooses to use, if not otherwise directed or authorized. Transportation allowances are for travel directly from the old Permanent Duty Station (PDS) to the new PDS, or between authorized points in the JTR. A rental car used for PCS travel is considered a POV. The amount of reimbursement depends upon the type of transportation authorized or approved, the type of transportation available, and the type that the traveler actually uses. Multiple transportation options are available to a traveler. The Government will consider the needs of the traveler, the purpose of travel, the cost, and other factors and then do one of the following: * Provide government transportation * Purchase commercial transportation * Reimburse the traveler for personally purchased transportation * Reimburse the traveler for the use of a POV a. Although miscellaneous reimbursable expenses are one of the three major types of standard travel and transportation allowances, they are discussed in this chapter often as part of either the transportation section or the per diem allowance section. Miscellaneous expenses that are neither transportation-related nor per diem-related may require Authorizing Official (AO) authorization or approval. b. To be reimbursed for a rental vehicle, an AO must authorize or approve use of a rental vehicle. A traveler must obtain a rental vehicle through an electronic system when it is available. A traveler is reimbursed the cost of the authorized or approved rental vehicle. c. Service members or civilian employees who travel in the local area of the PDS on official business may be eligible for the travel allowances. The AO may authorize or approve reimbursement for transportation expenses incurred in the PDS area for travel during official duty hours: * Between either the office or duty point and other place of business * Between places of business * Between the residence and place of business other than the office or duty point d. Commercial transportation reimbursement is authorized or approved only if the expenses incurred for travel exceed the expenses ordinarily incurred when the traveler commutes to the PDS workplace. Reimbursement is for actual and necessary expenses that exceed the everyday cost incurred for the operation of a rental vehicle. 2. Army Regulation (AR) 600-4 (Remission or Cancellation of Indebtedness) in accordance with the authority of Title 10, United States Code (USC), section 4837, the Secretary of the Army may remit or cancel a Soldier's debt to the U.S. Army if such action is in the best interests of the United States. Indebtedness to the U.S. Army that may not be canceled under Title 10, USC, section 4837 when the debt is incurred while not on active duty or in an active status. 3. ALARACT Message Number 029/2020 states sue to the COVI-19 outbreak and stop movement restrictions, Soldiers and family members may experience delays and travel hardships. The message provides Soldiers and leaders with COVID-19 pay and allowances flowcharts to help identify assistance available and how to process travel claims. Unit commanders will issue a DD Form 1610, for any period of directed delay that a Soldier incurred during their PCS or TDY due to COVID-19 stop movement. Soldiers will submit the signed DD Form 1610 as a supporting document when preparing their TDY or PCS claim at the end of their travel. 4. AR 15-185 (Army Board for Correction of Military Records (ABCMR)) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220001226 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1