IN THE CASE OF: BOARD DATE: 2 August 2023 DOCKET NUMBER: AR20230001983 APPLICANT REQUESTS: reimbursement for Personally Procured Move (PPM) from Fort Bragg, NC to Fort Carson, CO. A personal appearance before the Board via video or telephone. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Certified Automated Truck (CAT) Scale, 1 and 4 November 2021 * DD Form 2278 (Application for PPM and Counseling Checklist), 21 March 2022 * U-Haul Order/Reservation document, 21 March 2022 * DD Form 1351-2 (Travel Voucher or Sub-Voucher), 22 March 2022 * PPM Checklist and Expense Certification, 22 March 2022 * U.S. Army Human Resources Command (HRC) Memorandum for Record (MFR), 6 May 22 FACTS: 1. The applicant states he was informed by his HRC Branch Manager that moving Household Goods (HHG) before receiving orders was acceptable due to conditions at HRC and inability to produce paper orders in a timely manner. He is now ineligible for allowances from a Permanent Change of Station (PCS) having moved HHG before the date of PCS orders. 2. A review of the applicant's military records show the following: a. On 23 May 2015, DA Form 71 (Oath of Office – Military Personnel) shows the applicant was appointed as Regular Army commissioned officer and executed an oath of office. He is currently serving as a captain (CPT/O-3) in the Regular Army. b. On 25 January 2022, the U.S. Army Installation Management Command, Headquarters, U.S. Army Garrison, Fort Bragg, published Orders Number 025-84, reassigning the applicant by reason of PCS to Fort Carson, CO, with a report date no later than 1 April 2022. In pertinent part, additional instructions state: (1) "If you plan to ship personal property at Government expense, contact your local transportation office, 1st floor, Wing N, Room I-N-22, West Wing, Soldier Support Center, Bldg. 4-2843, Normandy Drive, with two (2) copies of your orders to arrange for shipment, and contact the transportation office of your new duty station immediately after arrival to arrange for delivery. For additional information on Transportation, please Visit the Transportation website at https://home.army.mil/bragg/index.php/about/garrison/afsbn-bragg/installation- transportation-office/personal-property/outbound or call 910-396-5212/ 2163." (2) "Dependents: YES. You are authorized shipment of household goods and movement of dependents at government expense, in accordance with Joint Travel Regulation (JTR)." (3) Early reporting (not more than 30 days, not later than the reporting date) is authorized to the PCS station. 3. The applicant provides: a. CAT Scale certificate of weight and measure dated 1 and 4 November 2021, which shows, in pertinent part, the name and location of the weigh stations (travel centers), and gross/total weight of vehicle(s). b. DD Form 2278 dated 21 March 2022, which documents and shows the applicant was familiar with the requirements of the PPM and he submitted a request for reimbursement under the provisions of Orders Number 25-84. The form also states on page 2, if his orders are modified or canceled and affect this shipment, he would immediately notify the responsible shipping office. c. U-Haul Order/Reservation document dated 21 March 2022, showing the amount(s) paid, rental equipment pickup date 29 October 2021, drop off date 4 November 2021, and the locations in and. d. DD Form 1351-2 dated 22 March 2022, requesting payment for his PPM, authorized entitlements, and reimbursements. The form is void of an approving official's signature. e. PPM Checklist and Expense Certification dated 22 March 2022, which shows the documents that will be included in a complete PPM claim package. It also shows a statement of expenses. f. An HRC MFR dated 6 May 22, wherein, the HRC, Armor Branch Junior Captain Manager provided an explanation of the applicant's PPM move before receipt of formal orders. The Armor Branch Junior CPT Manager stated: (1) While the applicant was in the Special Forces Qualification Course (SFQC), he was slated to PCS to Fort Carson, CO. After removal from SFQC, the applicant communicated to the Junior Captain Armor Branch Manager at HRC that he still wished to be stationed at Fort Carson. On or about 29 October 2021, the applicant was told by telephone by his branch manager that his PCS to Fort Carson had been approved by the Armor Branch, but the orders would be delayed due to both him having to be moved from Special Forces Branch control to Armor Branch control and the fact that the individual responsible for generating the orders was on leave and would be unable to complete the applicant's orders before Winter block leave. The applicant was told that although his PCS move was approved and would happen, he would not receive orders until January 2022. (2) The applicant's lease on the house where he and his family lived expired 1 November 2021. Since his PCS to Fort Carson had been confirmed by the Armor Branch, the applicant already had arranged for housing in the area, and his wife was planning on starting classes at College in January 2022, the applicant made the decision to move his family and belongings to. 4. On 1 May 2023, the Office of the Deputy Chief of Staff, G-4, Chief, Transportation Policy Division, provided an advisory opinion for this case and stated: (1) The 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 (USC), Section 481, which addresses circumstances which prohibit payment of certain allowances after the fact. (2) As a 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." (3) The Fort Bragg Chief, Military Personnel Division published the applicant's orders on 25 January 2022. The MFR dated 6 May 2022, provided by the applicant's Branch Manager provides details about the orders issuance and delay. There is, however, no Approving Official (Military Personnel Division) Memorandum authorizing the Soldier to move prior to the publication of orders. On this basis reimbursement is not authorized. 5. On 1 May 2023, the applicant was provided a copy of the G-4 advisory opinion for comments and/or rebuttal. 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 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 Office of the Deputy Chief of Staff, G-4, Chief, Transportation Policy Division advisory opinion, the Board concurred with the advising official finding the applicant relocated his family to Ft. Carson without published orders. As noted in the advisory opine, reimbursement is not authorized with no Approving Official (Military Personnel Division) Memorandum authorizing the applicant to move prior to the publication of orders. Based on the regulatory guidance and the advising official opine, the Board agreed there was insufficient evidence to warrant 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. ADMINISTRATIVE NOTE(S): N/A REFERENCES: 1. JTR implements policy and laws establishing travel and transportation allowances of Uniformed Service members and Department of Defense (DoD) civilian travelers. In pertinent part, the JTR states: a. Paragraph 010206 (Travel Authorization and Orders) states, 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. b. Paragraph 051302-B (HHG Transportation before an Order Is Issued) 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 or Approving 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 (PDS) 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. 2. Title 10, USC, Section 1552 states the Secretary concerned may pay, from applicable current appropriations, a claim for the loss of pay, allowances, compensation, emoluments, or other pecuniary benefits, or for the repayment of a fine or forfeiture, if, as a result of correcting a record under this section, the amount is found to be due the claimant on account of his or another's service in the Army. 3. 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) AR20230001983 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1