AR20150009941

IN THE CASE OF:

BOARD DATE: 21 April 2016

DOCKET NUMBER: AR20150009941

BOARD VOTE:

_________ _______ ________ GRANT FULL RELIEF

________ ________ ________ GRANT PARTIAL RELIEF

________ ________ ________ GRANT FORMAL HEARING

____x___ ____x___ ____x____ DENY APPLICATION

2Enclosures
1. Board Determination/Recommendation
2. Evidence and Consideration

IN THE CASE OF:

BOARD DATE: 21 April 2016

DOCKET NUMBER: AR20150009941

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.

_____________x____________
CHAIRPERSON

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.

IN THE CASE OF:

BOARD DATE: 21 April 2016

DOCKET NUMBER: AR20150009941

THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1. Application for correction of military records (with supporting documents provided, if any).

2. Military Personnel Records and advisory opinions (if any).

THE APPLICANT’S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests amendment of the date his reassignment orders were issued to enable approval of an application for a personally-procured move (PPM) (formerly known as a do-it-yourself or DITY move).

2. The applicant states:

* medical staff at the Madigan Army Medical Center recommended his family move from Washington to Florida
* he informed StaffSergeantN____H____ in his noncommissioned officer support channel
* he then went to the Joint Personal Property Shipping Office (JPPSO) on 20June 2013 and spoke with StaffSergeantW____ who advised him to move his family, keep all receipts, and submit them for reimbursement after the move
* at the time of his discharge, he went to JPPSO with his documentation and he was advised they could not reimburse him for the PPM because his family moved prior to issuance of his orders

3. The applicant provides:

* Madigan Army Medical Center Department of Pediatrics Developmental Services medical statement, dated 4June 2013
* Certified Automated Truck Scale documentation, dated 25September 2013, 3October 2013, and 7October 2013
* 40gas receipts, dated between 25September 2013 and 2October 2013
* Department of the Army Directorate of Human Resources Military Personnel Division Orders364-0026, dated 30December 2013
* DDForm214 (Certificate of Release or Discharge from Active Duty)

CONSIDERATION OF EVIDENCE:

1. Title10, U.S.Code, section1552(b), provides that applications for correction of military records must be filed within 3years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2. The applicant enlisted in the Regular Army on 17March 2010.

3. He provided a medical statement from the Madigan Army Medical Center Department of Pediatrics Developmental Services, dated 4June 2013, regarding his son. The statement says his son has complex medical issues that include disorders of mitochondrial metabolism (metabolic disorder), common variable hypogammaglobulinemia (immune disorder), and epilepsy with a history of recurrent and intractable seizures at times. He is on a special diet, takes up to nine medications daily, and is followed by multiple specialists on a routine basis, to include a pediatric neurologist, pediatric pulmonologist, pediatric metabolic specialists, developmental pediatrician, physical therapist, occupational therapist, and speech therapist. The statement says it would be very helpful for his family to allow his son and wife to move to their new post early to facilitate a smooth transition in establishing continuity of care and specialty services which require more time than an average move.

4. He provided Certified Automated Truck Scale documentation, dated 25September 2013, 3October 2013, and 7October 2013, as well as 40gas receipts, dated between 25September 2013 and 2October 2013. These documents indicate the dates his wife and son moved themselves from Washington to Florida.

5. A DAForm199 (Informal Physical Evaluation Board (PEB) Proceedings, shows the applicant’s medical case was adjudicated as part of the Integrated Disability Evaluation System and his disability percentage was determined by the Department of Veterans Affairs as documented in their memorandum, dated 18November 2013. Subsequent to issuance of the 18November 2013 memorandum, a PEB convened on 2December 2013. The PEB found the applicant physically unfit, recommended a rating of 30percent, and recommended his permanent disability retirement.

6. Department of the Army Directorate of Human Resources Military Personnel Division Orders364-0026, dated 30December 2013, reassigned the applicant to the Joint Base Lewis-McChord Transition Center for transition processing with a reporting date of 5March 2014.

7. His DDForm214 shows he retired due to permanent disability on 5March 2014. He was credited with 3years, 11months, and 19days of net active service.

8. The applicant provided a self-authored statement in which he states StaffSergeantH____ was in his direct noncommissioned officer support channel. He had asked StaffSergeantH_____ for permission to go to the JPPSO office at Waller Hall to obtain instructions for how to proceed with a move prior to being medically discharged. His chain of command was aware he was trying to move his family prior to issuance of his orders.

9. An advisory opinion was obtained from the Office of the Deputy Chief of Staff, G-4 (Logistics), pertaining to this application. The advisory opinion, dated 15October 2015, states:

* the Joint Travel Regulations, paragraph5208E, addresses all requirements for household goods (HHG) transportation before an order is issued
* paragraph5208E1e states general information furnished to the service member concerning the time or date of eventual order issuance before the determination is made to actually issue the order is not advice that the order is to be issued
* the applicant’s movement of HHG was primarily for his and his family’s personal convenience and not mission essential
* absent separation orders or a signed/dated statement from the U.S.Army Physical Disability Agency or U.S.Army Human Resources Command that the orders would be issued in a short period of time, there is no Joint Travel Regulations authority to reimburse the applicant
* his physical disability retirement orders publication date is 30December 2013, 3months after his family’s PPM to Lakeland, Florida, in September 2013
* while there is no authority for reimbursement, the applicant may file an amended tax return to claim these moving expenses with the Internal Revenue Service

10. The applicant was provided a copy of the advisory opinion on 21October 2015 and given an opportunity to respond. He did not respond.

REFERENCES:

1. The Joint Travel Regulations prescribe policy, criteria, and administrative instructions regarding per diem, travel, and transportation for Uniformed Service Members and Department of Defense civilian employees. Chapter5 (Permanent Duty Travel), paragraph5208E (HHG Transportation before an Order is Issued) states HHG transportation (before a permanent change of station (PCS) order is issued) is authorized if the request for transportation is supported by the following:

a. a statement from the authorized official/designated representative that the member was advised before such an order was issued that it would be issued;

b. an applicant-signed written agreement to pay any additional costs incurred form transportation to another point required because the new permanent duty station named in the order is different than that named in a statement in the above paragraph; and

c. an applicant-signed written agreement to pay the entire transportation cost (if a PCS order is not later issued to authorize the transportation).

d. The length of time before the PCS order is issued, during which a member may be advised that an order is to be issued, may not exceed the relatively short period between the time when a determination is made to order the member to make a PCS and the date on which the order is actually issued.

e. General information furnished to the member concerning order issuance before the determination is made to actually issue the order (such as time of eventual release from active duty, time of service term expiration, eligibility date for retirement, expected rotation date from outside continental UnitedStates duty) is not advice that the order is to be issued.

DISCUSSION:

1. The applicant’s request for amendment of the date his reassignment orders were issued to enable approval of an application for a PPM was carefully considered.

2. In June 2013, a nurse practitioner at the Madigan Army Medical Center provided a medical statement advising it would be helpful if the applicant’s wife and son moved to their new post early to facilitate a smooth transition in establishing continuity of care and specialty services for their son who suffers from multiple medical issues. There is no indication this move was a medical necessity or otherwise mandated.

3. Based on that recommendation, it appears the applicant’s wife and son executed a PPM from Washington to Florida in September or October 2013.

4. The applicant did not complete the Integrated Disability Evaluation System process until 18November 2013 and the PEB convened on 2December 2013, recommending his permanent disability retirement. Separation orders were subsequently issued on 30December 2013 and he retired on 5March 2014.

5. Although he claims otherwise, there is no evidence of record he was ill-advised about the process of filing a claim for repayment of out-of-pocket expenses for a PPM.

6. The Joint Travel Regulations do not allow for the movement of HHG prior to the issuance of orders unless a statement from the authorized official that the Soldier was advised before such an order was issued that it would be issued and the issuance would be issued in a relatively short period of time.

7. Not only had the applicant’s separation orders not yet been issued at the time of the PPM, neither the U.S.Army Physical Disability Agency nor the U.S.Army Human Resources Command advised the applicant in writing or otherwise that his orders were forthcoming. Moreover, he had not yet completed the Integrated Disability Evaluation System process nor had the PEB even convened to determine he would, in fact, be permanently retired, after which appropriate orders were issued.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings AR20150000953

Enclosure 1

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

ABCMR Record of Proceedings (cont) AR20150009941

2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 1

ABCMR Record of Proceedings (cont) AR20150009941

5

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 2