DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 9576-17 JUL 12 2019 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD ICO Ref: (a) 10 U.S.C. § 1552 Encl: (1) DD Form 149 of 20 Nov 17 (2) DD Form 4 of 25 Mar 15 (3) Personnel Online Listing (POLL) (4) MOD BUPERS Order 2956 of 1 May 17 (5) DD Form 2278 of 4 May 17 (6) NAVSUP ltr 4600 302/336850 of 18 Oct 17 (7) JTR Table 2-25 (8) NAVSUP ltr 5040 Ser N43/012 of 5 Apr 18 (9) JTR para 02050l(B)(l)(a)(2) l. Pursuant to the provisions of the reference, Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board, requesting that his naval record be corrected to show the removal of any Do-lt-Yourself (DITY) move debt. 2. The Board, consisting of , reviewed Petitioner's allegations of error and injustice on 11 February 2019 and, pursuant to its regulations. determined that the corrective action indicated below should be taken on the available evidence of record. Documentary material considered by the Board consisted of the enclosures, relevant portions of Petitioner's naval record, and applicable statutes, regulations, and policies. 3. The Board, having reviewed all the facts of record pertaining to Petitioner's allegations of error and injustice, finds as follows: a. Before applying to this Board. Petitioner exhausted all administrative remedies available under existing law and regulation within the Department of the Navy. b. On 16 July 2015, Petitioner entered active service. See enclosure (2). c. On 25 October 2016, Petitioner transferred from and he arrived at on 14 November 2016. Sec enclosure (3). d. On 1 May 2017. Petitioner was issued official modification to his Change-of-Duty Orders (BUPERS order 2956). See enclosure (4). e. On 4 May 2017, Petitioner completed an application for a DITY move and a counseling checklist that stated a maximum authorized weight of 8,000 pounds and an advance operating allowance of $2,831.06. See enclosure (5). f. On 8 May 2017, Petitioner transferred from and her arrived at Naval Medical Center on 22 May 2017. See enclosure (3). g. On 18 October 2017, Petitioner was notified by that the travel advance issued for his 2017 move from to was based on an estimated weight of 7,000 pounds, but that his actual weight moved was 400 pounds based on his Temporary Duty entitlement weight. Because the full advance was not liquidated, Petitioner was required to refund the Government $2,463.28. See enclosures (6) and (7). h. In the advisory opinion at enclosure (8), the office having cognizance over the subject matter addressed in Petitioner's application opined that hjs request lacks merit and warrants 110 favorable action, explaining that, Our review concluded was miscounseled when he processed out of Corpsman school in . The Personal Property Processing Office advised that he was entitled to a Permanent Change of Station (PCS) move. was actually entitled to a Temporary Duty (TDY) entitlement of 400 lbs. requested and received a PPM monetary advance of $2,831.06 based on this miscounseling for the maximum PCS entit1ement of 8,000 lbs. When he submitted his claim, he was correctly audited for a TDY reimbursement of $367.78. owes the government for an un-liquidated PPM advance balance of $2,463.28. In accordance with reference (a) [Joint Travel Regulations], erroneous advice does not create an entitlement .... CONCLUSION Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting the following partial corrective action. The Board determined that, if given the correct advice, Petitioner would not have submitted for the advance based upon a PCS entitlement of 8,000 pounds. In addition, the Board agreed Petitioner could have been given an increase in weight allowance in accordance with enclosure (9). RECOMMENDATION That Petitioner's naval record be corrected by taking the following corrective actions. Petitioner was authorized a weight increase to the maximum of 1,000 pounds. Note: Petitioner is advised to submit a copy of his previous DITY move claim and a copy of this BCNR decision letter to the Navy Household Goods Audit Team (HHG-AT) for re-adjudication. Point of contact is the Director, HHG Audit Team (Code 302), NAVSUP Fleet. Logistics Center Norfolk, 1968 Gilbert Street Suite 600, Norfolk, VA 23511-3392. That part of Petitioner's request for corrective action that exceeds the foregoing is denied. Petitioner has received maximum weight allowance allowed per the rules and regulations. Furthermore, Petitioner has not exhausted all available remedies to address his indebtedness. Upon completion of HHG-AT re-adjudication, if Petitioner still owes the Government a debt, it is recommended that Petitioner complete a DD Form 2789, Remission of Indebtedness, and submit it to the Office of the Chief of Naval Operations (N130C) if the debt creates a financial hardship. The point of contact at N130C can be contacted by email for any questions at NXAG_Nl30C@navy.mil. A copy of this Report of Proceedings will be filed in Petitioner's naval record. 4. Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(c)), it is certified that quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above-entitled matter. 5. The foregoing action of the Board is submitted for your review and action. Executive Director