IN THE CASE OF: BOARD DATE: 1 March 2023 DOCKET NUMBER: AR20220004752 APPLICANT REQUESTS: Payment of his travel voucher from Permanent Change of Station (PCS). A personal appearance before the Board via telephone or video. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Orders Number 111-4003, 20 April 2020 * Memorandum, Subject: Exception to Policy (ETP) for Approval for Travel (PCS), 14 May 2020 * Memorandum for Record, Subject: PCS Orders for the applicant, 30 April 2021 FACTS: 1. The applicant states in pertinent part that upon notification of his new assignment, he used money that had been set aside for retirement and took the initiative to PCS his family on 2 February 2020 upon returning from a year deployment to Afghanistan. When he was made aware his new assignment from Fort Carson, CO to Fort Bragg, NC, he visited the Fort Bragg transportation office prior to moving, got the verbal "Okay," and was advised to maintain copies of the Uhaul (loaded and empty), POV mileage, lodging, food, and gas receipts. He proactively decided to transfer to his new duty station early as accommodations were available and to allow his wife and kids to get situated, to give his 8th grade honor student stability prior to starting school and through-out high school. The intent was to request early departure from Fort Carson, but due to the COVID- 19 pandemic he was not put under a PCS Order on time. His previous move from Fort Jackson, South Carolina as a Drill Sergeant to Fort Carson, Colorado in June 2017 caused him to amass a bill to the government due to being over the allowable Household Goods (HHG) table and had to repay $11,000.00. He is asking for mercy and for a prompt response from the Board as these two incidences have put him in a financial bind. 2. A review of the applicant's available service records reflects the following: a. Having prior enlisted service with the Regular Army, on 10 March 2006 he enlisted in the Regular Army and continues service through reenlistments. b. On 3 April 2017, Headquarters, U.S. Army Training Center and Fort Jackson issued Orders Number 093-81 ordering the applicant to PCS to 4th Engineer Combat Replacement Battalion, Fort Carson, with a reporting date of 10 August 2017. c. On 20 April 2020, the Installation Management Command, Headquarters, U.S. Garrison, Fort Carson issued Orders Number 111-4003 ordering the applicant to PCS to 20th Engineer Replacements, Fort Bragg, with a reporting date of 10 August 2020. Early reporting was authorized but not to exceed 60 days early. 3. The applicant provides: a. Memorandum ETP for Approval for Travel (PCS), dated 14 May 2020 reflective of the U.S. Forces Command Senior Commander request for the applicant to conduct official travel. b. Memorandum for Record, Subject: PCS Orders for the applicant dated 30 April 2021 wherein an unknown author provided details related to the applicant's personally procured move to transport his HHG, which were provided in the applicant's opening statement to the Board. 4. On 15 November 2022, the Office of the Deputy Chief of Staff, G-4, Chief, Transportation Policy Division provided an advisory opinion recommending disapproval of the applicant's request stating: a. The Joint Travel Regulations (JTR) contain basic statutory regulations concerning a uniformed Service member's travel and transportation entitlements and interpreted to have the force and effect of law. The JTR exists primarily under the authority of Title 37, United States Code, section 481, which addresses circumstances which prohibit payment of certain allowances after the fact. b. As a Non-Commissioned Officer in the Army, the applicant's travel and transportation allowances are governed by the JTR, which states that the travel order establishes conditions for Government funded official travel and transportation. The JTR paragraphs 010206 and 051302-B address all the requirements for HHG transportation before an order is issued. "Travel and transportation allowances are payable only after valid orders are issued. Travel or expenses incurred before a travel authorization or order is issued are not reimbursable." c. The Fort Carson Chief, Military Personnel Division published his orders on 20 April 2020. The Memorandum for the Record dated 30 April 2021, provided by the Soldier indicates the Personally Procured Movement began on 2 February 2020, prior to the publication of orders. On this basis reimbursement is not authorized. 5. On 15 November 2022, the applicant was provided with a copy of the advisory opinion to provide a response. 6. On 30 November 2022, he provided a rebuttal to the advisory stating in pertinent part: a. He accepts full responsibility for not doing the due diligence and confirming the regulations as it pertains to military travels and PCSing and what was expected of him in the process from start to finish. He understands now how poorly the choice was to accept a verbal "yes" from the Fort Bragg transportation office. When he visited the transportation office on Fort Bragg to get information about his move, he was informed that It was okay to conduct the move as long as he tracked of all of his receipts. b. Based on his knowledge and reasons listed below, he would like to request an exception and asks for the Army/this Board to show a little mercy. He is a 22?year active?duty Soldier that have served the country honorably, and for the entire 22 years, the Army has been his sole source of income. He is also the primary source of income for his family. He has not at any time in his entire career done anything outside of what was expected of him. c. In this situation he was returning from a yearlong deployment from Afghanistan. He was tracking in late November 2019, via Army ASK that that he would be PCSing to 20th Engineer Brigade, Fort Bragg. The intent was to get his family settled in a new location after being gone for so long. In the past he has had to move his family with short notice and little time to get them situated in their new home after a deployment and did not want to go through that again. This time he decided to be proactive by going to the housing office in Fort Bragg just after returning from deployment, prior to any moving any of his HHG, and went to the transportation office to speak to the subject matter experts. Another major reason for him to move at that time was that he had 30 days of leave built up and with this time he was going to be a part of the household unpacking situation. Due to the Army wide Stop Move he was unable to do an early report and had to spend another 6 months away from his family due to COVID ?19 Pandemic. d. He would also like to mention another hardship for the family. In the time of his previous PCS move from the Drill Sergeant position at Fort Jackson to Fort Carson he when a month without pay due to being over the allowable table weight. The recoupment amount in total was $11,000.00. He was not informed prior to the start of HHG move, what he could have done to lighten his load or that he could have placed some of his household items into storage. Unexpectedly, he was just hit with a $11,000.00 bill that was recouped immediately. So, getting that "okay" for this PCS was golden so he endeavored to do better. e. To be able to complete this PCS move, he used funds from his deployment/retirement in hopes that he would be refunded as he is currently in the process of retiring. He also has a son who is now an honor roll senior in high school student and desiring to attend college. This is also causing some serious stress on his marriage as well as the amount of support he can offer to his son to attend a four?year college. The recoupment of $11,000.00 and possibly not being refunded for this PCS move, will also cause an extreme hardship. Again, they were not aware that moving prior to having printed orders which put them outside of their window for PCS and that he would not be getting paid for the PCS move. He takes full responsibility for the failure and poor choice of not conducting his own research but asks that his wife and children not be penalized because of the miscommunication and being uninformed. f. He would also point out that he did move where the Army desired for him to move to Fort Bragg. g. He understands that he only has a short window to submit a reply, so please accept this email as the request for refund. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not 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, available military records, and the Deputy Chief of Staff G-4 advisory opinion, the Board concurred with the advising official finding that travel and transportation allowances are payable only after valid orders are issued. Travel or expenses incurred before a travel authorization or order is issued are not reimbursable. Evidence shows the applicant relocated his family in February 2020, two months prior to the publication of orders. The Board understands the hardship but insufficient evidence to grant an exception based on joint travel regulation guidance. Therefore, the Board denied relief. 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 : : : 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. JTR: a. Chapter 1, paragraph 010206 states, travel and transportation allowances are payable only after valid orders are issued. The order directs travel to, from, or between official points and serves as the basis for the trip and associated reimbursements. A travel authorization or order should be issued before travel begins. Travel or expenses incurred before a travel authorization or order is issued are not reimbursable, unless otherwise stated in the JTR. In unusual or urgent situations when travel must begin before a written authorization or order can be issued, a verbal authorization may be given. In such cases, the verbal authorization must be followed up in writing (called a "confirmatory order") before allowances are paid. A travel order may only contain authority for travel and transportation allowances provided within the JTR. If there is any conflict between a travel order and the JTR, the JTR prevails. Modifications after travel authorizations and orders cannot be retroactively modified to increase or decrease an allowance after the travel is completed. A travel authorization or order may be retroactively corrected to show the original intent. When an allowance is approved after travel begins, it does not constitute a retroactive modification to create, change, or deny an allowance. An amendment is effective on the date it is issued and is not retroactive unless it contains language that corrects an error or omission or provides a confirmation of the date of the verbal authorization. b. Chapter 5, paragraph 051302 states HHG transportation before a PCS order is issued is authorized if the request for transportation is supported by all of the following: (1) A statement from the Authorizing Official (AO) or designated representative that the Service member was advised before such an order was issued that it would be issued. (2) A written agreement, signed by the applicant, to pay any additional costs incurred for transportation to another point required because the new permanent duty station named in the order is different than that named in the AO's statement. (3) A written agreement, signed by the applicant, to pay the entire transportation cost if a PCS order is not later issued to authorize the transportation. The length of time before the PCS order is issued, during which a Service member may be advised that an order will be issued, is limited to the relatively short period between the time when a determination is made to order the Service member to make a PCS and the date the order is actually issued. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220004752 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1