RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-02672
            INDEX CODE:  128

                 COUNSEL:  NONE

                 HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

The indebtedness for storage of  the  non-temporary  storage  (NTS)  of  his
household goods (HHG), in the amount of $899.20, be waived.

_________________________________________________________________

APPLICANT CONTENDS THAT:

When he retired from the Air Force on 1 November 1993 in Vicenza, Italy,  he
stayed in Vicenza for numerous reasons.   Each  year  after  retirement,  he
submitted a request for an extension of  shipping  allowances  to  the  22nd
Area Support Group (ASG), the servicing transportation  office.   Each  year
he forwarded documentation to JPPSO in Colorado Springs, Colorado  and  each
year he received a letter back from them extending his NTS  allowance,  with
no indication of a cost to him.  Except for 1997,  they  added  a  statement
indicating that a member must pay  all  storage  costs  after  he  has  been
retired for one year.  When  he  questioned  the  transportation  management
office (TMO) about this, they said  they  had  not  been  briefing  retirees
about this and he (applicant) should not have to incur any costs.   The  TMO
would not put this in writing.  Applicant  states  that  he  left  Italy  in
January 1997 and requested that his NTS  be  shipped  to  Charleston,  South
Carolina.  He was then informed of the debt.

Applicant’s complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant retired from the Regular Air  Force  on  1  November  1993  at
Vicenza, Italy.  He remained in the overseas area and, prior  to  expiration
of the travel and transportation entitlements (shipment of NTS of  household
goods), he requested an extension of the time  limit  to  travel,  from  the
Department  of  the  Army,  HQ  22nd  Area  Support  Group.   Transportation
entitlements were extended to 31 October 1995.  In  yearly  increments,  the
applicant requested and received  extensions  of  the  time  limit  for  his
travel and transportation entitlements through  31  October  1998  from  the
Department of the Army.

The applicant remained in Italy until January 1997.  In  February  1998,  he
requested shipment of his storage lot from  Colorado  Springs,  Colorado  to
Charleston, South Carolina.  The property was released from  storage  on  18
February 1998 for  movement  under  Government  Bill  of  Lading  (GBL)  ZP-
145,425.  Upon release of the  property  from  storage,  the  applicant  was
billed $790.56 for storage costs which accrued beyond  the  one-year  period
after his release from active duty.

The applicant filed a rebuttal of the charges in which he stated  that  with
the exception  of  the  6  October  1997  letter  from  the  Servicing  Army
Transportation Office, none of  the  documentation  had  indicated  that  he
would be responsible for any NTS  charges.   The  Excess  Cost  Adjudication
Function (ECAF) reviewed the case and determined the applicant had  incurred
excess cost for the  NTS.   In  a  re-computation,  they  noted  the  origin
transportation office had used the incorrect storage  weight.   The  charges
were increased to $899.20 vice $790.56.

The applicant filed two subsequent rebuttals and the  ECAF  determined  both
times that no additional  information  and/or  documentation  was  submitted
that would allow their  office  to  reduce  or  eliminate  the  excess  cost
charges.

_________________________________________________________________

AIR FORCE EVALUATION:

The Director, Joint Personal Property Shipping Office, JPPSO,  reviewed  the
application  and  states  that  Paragraph  U5365,   Joint   Federal   Travel
Regulation  (JFTR),  stipulates  that  a  member  with  home  of   selection
entitlement is authorized to  store  household  goods  (HHG)  at  Government
expense.   The  entitlement  begins  on  the  date  orders  are  issued  and
terminates one-year from  the  date  of  termination  of  active  duty.   An
extension of the one-year shipping time limit may be authorized for  members
undergoing hospitalization, medical treatment, education or training, or  in
certain  other  deserving  cases.   Authorization  or   approval   must   be
accomplished through the Secretarial Process.  Except for  medical  reasons,
extension of the shipping  time  limit  does  not  extend  the  Government’s
obligation for storage costs for longer than a one-year period from date  of
termination of active duty.

Air Force Supplement to the JFTR stipulates that except for other  deserving
cases, the Director, JPPSO-SAT,  is  delegated  authority  to  authorize  or
approve requests for extension of the shipping time limitations for all  Air
Force members.  There are no regulatory provisions  for  the  Department  of
the Army to approve extension of the shipping entitlements for an Air  Force
member.

For members who remain in a pay status who have property in  NTS,  paragraph
3.4.4.2, Air Force Supplement to the JFTR  stipulates  the  Government  will
maintain the NTS account during the period  of  authorized  extensions.   DD
Form 1164, dated 11 October 1996  extended  the  applicant’s  storage  to  1
November 1997.  It contained the  note,  “Effective  2  November  1997,  all
storage costs will be  at  member’s  expense,  unless  our  office  receives
justification for continued storage  not  later  than  30  September  1997.”
This  note  advised  the  storage  contractor  that   the   Government   was
responsible for storage charges only through  1 November  1997  and  if  the
property remained in storage after this date,  unless  further  extended  by
the contracting officer, they must look to the member for storage costs.

Since the approval letters prior to  6  October  1997  did  not  advise  the
member that the approval did not include the entitlement to NTS  beyond  one
year after termination of active duty, the JPPSO/DIR believes the  applicant
suffered an injustice.  They support  the  applicant’s  request  to  receive
storage entitlement to 6 October 1997.

A complete copy of the Air Force evaluation is attached at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR STAFF EVALUATION:

A complete copy of the Air Force evaluation was forwarded to  the  applicant
on 15 January 1999 for review and response.  As of this  date,  no  response
has been received by this office.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing  law  or
regulations.

2.  The application was timely filed.

3.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of probable error or injustice warranting relief as  suggested  by
the JPPSO/DIR.   It  appears  that  in  each  instance  that  the  applicant
requested an extension for non-temporary  storage  (NTS)  of  his  household
goods (HHG), he was informed that the request for  extension  was  approved;
however, he was not advised there would be a  cost  to  him  commencing  one
year after termination of active duty.   JPPSO/DIR  states  that  since  the
approval letters prior to 6 October 1997 did not advise the  applicant  that
the approval did not include the entitlement to the costs of NTS beyond  the
one-year after termination of his active duty, they  believe  the  applicant
has suffered an injustice.  We note that the  applicant  states,  in  his  6
September 1998 letter to the AFBCMR, that his debt to the government  should
be waived and we assume that he refers to the amount of  $899.20.   However,
JPPSO/DIR states that they would support storage entitlement  to  6  October
1997, the time he was informed of  the  debt  and  the  applicant  would  be
responsible for storage costs in  the  amount  of  $144.00,  and  we  agree.
Applicant’s request for complete  remission  of  his  debt  is  duly  noted;
however, since he was advised on 6 October 1997 of  his  obligation  to  pay
for the  cost  of  NTS,  we  believe  the  remaining  costs  should  be  the
responsibility of the applicant.  Therefore, we  recommend  his  records  be
corrected to the extent indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected to show that  competent  authority  approved  his
request for extension of his travel and transportation entitlement for  non-
temporary storage (NTS) of household goods to  6  October  1997,  under  the
provisions of Joint Federal Travel Regulation (JFTR), paragraph U5365-D.


_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 16 March 1999, under the provisions of AFI 36-2603:

                  Mrs. Barbara A. Westgate, Panel Chair
                  Mr. Lawrence Leehy, Member
              Ms. Melinda J. Loftin, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 17 Sep 98, w/atchs.
   Exhibit B.  Letter, JPPSO/DIR, dated 7 Dec 98, w/atchs.
   Exhibit C.  Letter, AFBCMR, dated 15 Jan 99.




                                   BARBARA A. WESTGATE
                                   Panel Chair


AFBCMR 98-02672




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation  of  the  Air  Force
Board for Correction of Military Records and under the authority of  Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:

      The pertinent military records of the Department of the Air Force
relating to ---- . -----, --, be corrected to show that competent authority
approved his request for extension of his travel and transportation
entitlement for non-temporary storage (NTS) of household goods to 6 October
1997, under the provisions of Joint Federal Travel Regulation (JFTR),
paragraph U5365-D.







JOE G. LINEBERGER

Director

Air Force Review Boards Agency