IN THE CASE OF: BOARD DATE: 25 August 2022 DOCKET NUMBER: AR20220001221 APPLICANT REQUESTS: * Correction of his record to show he was reimbursed for a Personally Procured Move (PPM) * An appearance before the Board via video or telephone APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Orders Number 20259-47 issued by Headquarters, U.S. Army Maneuver Center of Excellence, Fort Benning, GA, dated 15 September 2020 * Motor Vehicle Registration, dated 1 December 2020 * Home Depot receipt, dated 24 May 2021 * Phil Long Toyota of Trinidad recommended action plan, dated 24 June 2021 * Excerpt of move.mil, Weight Estimator, dated 30 June 2021 * Self-Authored Memorandum for Record (MFR), dated 19 July 2021 * DD Form 1351-2 (Travel Voucher or Subvoucher), dated 19 July 2021 * Excerpt from move.mil, Moving Entitlement, dated 6 October 2021 FACTS: 1. The applicant states that his PPM reimbursement packet for his June 2021 Permanent Change of Station (PCS) move from Fort Benning, GA, to Fort Carson, CO, was submitted in accordance with guidance from Fort Carson Joint Personal Property Shipping Office (JPPSO). a. While enroute for his PCS with his brother in his personally owned vehicle, his vehicle experienced engine failure and was non-recoverable. The recommended action plan from shows that his vehicle was evaluated. His roommate, Second Lieutenant picked them up along with some of his household goods (HHG) and took them to his residence in. He returned to on the weekend of 25-27 June 2021 to retrieve the remainder of his HHG. b. He completed his PPM packet, which included DD Form 1351-2, PCS orders, weight estimator, receipts, MFR, and vehicle registration in accordance with direct guidance from Senior Airman at the Fort Carson JPPSO on 23 June 2021 and again on 19 July 2021. c. He explained his situation to Senior Airman and was directed to submit the weight estimator in lieu of weight tickets since he was unable to obtain certified weight tickets for gross/full and tare/empty weights. This course of action is consistent with Joint Travel Regulations (JTR), paragraph 051502F which states to submit a certified weight certificate or an acceptable constructed HHG weight with the claim for reimbursement. As directed, the move.mil weight estimator is an acceptable constructed HHG weight. JTR, paragraph 051502D states that weight can also be determined using a constructed weight of 7 pounds per cubic foot may be authorized or approved through the Secretarial Process when weight certificates are not available due to the unavailability of a Government or public scale. d. He attached an MFR to his PPM packet explaining the situation as directed. He received no notice of error regarding the submission of his packet until 16 September 2021 when he checked the status of his reimbursement with the Fort Carson JPPSO. e. The weight estimated through the move.mil website was 3,457 pounds which was lower than the total weight of HHG allowed. He followed the steps as directed and if he would have known that he would not receive reimbursement, he would have opted for a government procured HHG move. Had he been informed that no reimbursement would be rendered without weight tickets, he would have left all of his HHG in his personally operated vehicle until he purchased a working vehicle. However, the process of finding a vehicle took over a week and it was not reasonable to expect him to go without his HHG in the meantime. 2. The applicant's service record shows: a. The applicant's service records are void of enlistment documentation, personnel qualification records, and discharge documentation. b. Orders Number CC-8145-00004 issued by Headquarters, U.S. Army Cadet Command (USACC) and Fort Knox, dated 25 May 2018, shows the applicant was ordered to active duty for training for professional development from 30 June 2018 to 31 July 2018 for Reserve Officer Training Corps (ROTC) summer training at the Fort Knox Copple Center, KY. c. Orders Number CC-9093-00808 issued by Headquarters, USACC, dated 3 April 2019 shows the applicant was ordered to active duty for training for professional development from 12 July 2019 to 18 August 2019 for ROTC summer training at the Fort Knox Copple Center, Kentucky. d. Orders Number CR-045-0062 issued by Installation Management Command, Headquarters, U.S. Army Garrison, Fort Carson, dated 14 February 2022, shows the applicant deployed in a temporary duty (TDY) status in support of European Deterrence Initiative, effective 6 April 2022 not to exceed 270 days from Headquarters and Headquarters Company, 1st Battalion, 66th Infantry Regiment. e. Orders Number CR-117-0309 issued by the Installation Management Command, Headquarters, U.S. Army Garrison, Fort Carson, dated 27 April 2022, shows the applicant deployed in a TDY status in support of U.S. Army Europe and Africa Operation European Assure Deter and Reinforce, effective 6 April 2022 not to exceed 270 days. 3. The applicant provides: a. Orders Number 20259-47 issued by Headquarters, U.S. Army Maneuver Center of Excellence, dated 15 September 2020, showing the applicant was ordered to PCS from Fort Benning to Fort Carson, effective 25 July 2021. These orders state he was authorized shipment of HHG at Government expense. If he was shipping, moving, or storing personal property, he must go to www.move.mil. Do not move or store personal property without transportation office approval and counseling. Print and sign all Defense Personal Property System forms, bring a copy of your orders/ amendments with the signed forms to your local Transportation Office. Contact the transportation office at your new duty station immediately after arrival to arrange delivery or approve storage. b. Motor Vehicle Registration, dated 1 December 2020, showing the applicant was the owner of a 2003 Toyota Camry. c. Home Depot receipt, dated 24 May 2021, showing the purchase of a medium TV box and latching box totaling $57.18. d. Toyota of recommended action plan, dated 24 June 2021, showing the engine for the applicant's 2003 Toyota Camry failed and the estimated cost to repair was $6,648.10. e. Excerpt of move.mil, Weight Estimator, dated 30 June 2021, showing the estimated weight of the applicant's HHG was 3457 pounds for 68 items. f. Self-Authored MFR dated 19 July 2021, in which the applicant states that he had to use the weight estimator in-lieu of weight tickets for his PPM and expense certification. While transporting his personally owned vehicle, a 2003 Toyota Camry, enroute from Fort Benning to Fort Carson with his HHG, the vehicle experienced engine failure and was non-recoverable. g. DD Form 1351-2, dated 19 July 2021, showing the applicant requested PPM payment. * Item 8 (Travel Order/Authorization Number) – 20259-47. * Item 15 (Itinerary) – Actual cost reimbursement. * Item 16 (Privately Owned Conveyance Travel) – No entry. * Item 17 (Duration of Travel) – No entry. * Item 18 (Reimbursable Expenses) – Moving company expense. No entry for Total. * Item 20c (Reviewer's Printed Name)/Item 20f (Date) – No entry. * Item 21a (Approval Official's Printed Name)/Item 21d (Date) – No entry. h. Excerpt from move.mil, Moving Entitlement, dated 6 October 2021, provided instructions on PCS weight allowance, moving allowance, TDY weigh allowance. 4. In the processing of this case, an advisory opinion was obtained from the Office of the Deputy Chief of Staff, G-1, Transportation Policy Division on 26 April 2022. The advisory official denied the applicant's request. It states in pertinent part: a. The Secretarial Process (Army G-1/G-4) has no JTR authority to authorize the payment for moving an estimated weight of 3,457 pounds of HHG. The JTR is the basic statutory regulation governing a uniformed member's travel and transportation at Government expense in accordance with Title 37, United States Code (USC), Section 481. b. JTR paragraph 051502, paragraph c states that when Government-procured HHG transportation and non-temporary storage is available, but when the servicemember or next-of-kin chooses to personally arrange transportation, there are 2 reimbursement options. Subparagraph 5 states that if weight certificates are not provided, reimbursement is authorized for a rental vehicle and equipment, packing materials, fuel, tolls, and any storage in transit, up to the Government's constructed cost. c. On 1 July 2020, the applicant conducted a PPM from Washington, District of Columbia to Fort Benning and was paid for moving an HHG weight of 1,680 pounds with valid weight tickets. On 21 June 2021, the applicant's PPM was authorized an actual cost reimbursement in accordance with JTR not to exceed the Government constructive cost established based on the weight estimator. The applicant's only out-of- pocket expense was $52.94 for moving boxes, which was a reimbursable expense in accordance with JTR paragraph 051502C.5. d. The applicant used his 2003 Toyota Camry to move his HHG and did not rent a vehicle or trailer. The online maximum payload specifications for this vehicle was 1,081 pounds, not 3,457 pounds as calculated by the weight estimator list showing 68 items; to include 2 sofas, 2 chairs, dining table and 4 chairs, dresser, gun safe, kitchen appliances, 2 bookcases, TV stand, 3 coffee/end tables, office desk, and bicycle. e. The applicant could have obtained full and empty weight tickets at Fort Benning versus waiting until his arrival at Fort Carson. Absent valid weight tickets confirming the actual HHG weight moved of 3,457 pounds, the applicant is not authorized payment of the Government constructed cost of $3,309.20. 5. The advisory opinion was provided to the applicant to afford him the opportunity to respond to its content. He did not respond. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found relief is not warranted. The Board found the available evidence sufficient to consider this case fully and fairly without a personal appearance by the applicant. 2. The Board concurred with the conclusion of the advisory official that the absence of valid weight tickets prevents payment for his PPM. The Board determined the decision that his PPM was not reimbursable based on the available documentation is not in error or unjust. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :X :X DENY APPLICATION 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. REFERENCES: 1. Title 37 USC, Section 481 provides travel and transportation allowances, and administrative provisions. a. In establishing the rates and kinds of allowances authorized, the Secretaries concerned shall: (1) Consider the average cost of common carrier transportation when prescribing a monetary allowance in place of transportation. (2) Consider the current economic data on the cost of subsistence, including lodging and other necessary incidental expenses related thereto, when prescribing per diem rates and designating areas as high cost areas; ?and (3)? Consider the average cost of transportation and current economic data on the cost of subsistence, including lodging and other necessary incidental expenses relating thereto, when prescribing mileage allowances. b. The Secretaries concerned shall determine what constitutes a travel status. c. The Secretary concerned shall define the term "permanent station". The definition shall include a shore station or the home yard or home port of a vessel to which a member of a uniformed service who is entitled to basic pay may be ordered. d. The regulations prescribed under this section shall cease to be in effect as of the travel authorities transition expiration date. 2. Army Regulation 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. 3. JTR provides policy and laws establishing travel and transportation allowances of Uniformed servicemembers and Department of Defense civilian travelers. a. Paragraph 051502A (Responsibilities) states the servicemember or next of kin, when appropriate, who personally arranges for HHG transportation without going through a Government transportation office is responsible for all issues and costs related to any of the following: * The Status of Force Agreement if the transportation is to or from a location outside the contiguous U.S. * The use of U.S. flag carriers, import and export processes, tariffs, customs, and if Service regulations require their use, any available Voluntary Intermodal Sealift Agreement ship carriers * HHG transportation costs paid by a third party; the servicemember or next of kin is not reimbursed for costs paid by a third party b. Paragraph 051502D (Determining Weight) states the weight of HHG transported is normally established with certified weight certificates from a public weigh master or Government scales. The public weigh master is the person who issues the weight certificates. The net weight, or the servicemember's authorized weight allowance, whichever is less, is used to determine the Government's constructed cost. (1) Using a constructed weight of 7 pounds per cubic foot may be authorized or approved through the Secretarial Process when weight certificates are not available due to one of the following reasons: * A public scale or Government scale was not available * The HHG was moved commercially and the carrier or contractor was paid for the move on a basis other than weight (2) When the carrier or contractor constructs the weight, the carrier or contractor may be requested to substantiate the reasonableness of the constructed weight. If the constructed weight is unreasonable, then the Service may base reimbursement on a reasonable weight. c. Paragraph 051502E (Government's Constructed Cost (GCC)) states that for the Armed Forces and NOAA, the GCC is determined by using the "Best Value" methodology for the channel and the actual HHG weight up to the servicemember's authorized maximum HHG weight as follows: (1) For shipments within the continental U.S., the GCC includes the following "Best Value" charges: * Line haul, packing, and unpacking * Line haul factor charges at the origin and destination * Short-haul charges for shipments moving 800 or fewer miles (2) Payment of accessorial charges may only be authorized or approved when charges would have been authorized during a Government-arranged move and all applicable tariff approval rules have been met. d. Paragraph 051502F (Final Settlement) states that final settlement for reimbursement of personally procured transportation, regardless of the transportation method, is based on the GCC of the actual weight moved, limited to the authorized PCS weight allowance. Submit certified weight certificates or an acceptable constructed HHG weight with the claim for reimbursement. The Government cannot incur moving expenses for HHG that is more than 100 percent of the Government's projected cost to transport the HHG commercially. Servicemembers or dependents using the same privately-owned vehicle for traveling and PPM are authorized both a PPM monetary allowance and Monetary Allowance in lieu of Transportation-Plus as separate allowances. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220001221 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1