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AF | BCMR | CY2004 | BC-2004-00664
Original file (BC-2004-00664.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00664
            INDEX CODE:  128.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

The Government pay for a year of  nontemporary  storage  for  his  Household
Goods (HHG) and associated  charges  for  packing,  drayage,  handling,  and
packing materials.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He retired on 1  July  2000  after  30  years  in  the  Air  Force.   Before
retirement, he attended counseling on entitlements  by  the  Beale  AFB,  CA
Transition  Assistance  Program  and  by  the   Beale   AFB   Transportation
Management Office.  He was also told he had up to a  year  to  move  to  his
home of selection (HOS) and this could be extended upon application.  At  no
time did anyone inform him verbally or in writing that his  entitlement  for
transportation  or  storage  of  household  goods  had  any   non-extendable
expiration date.  He understands the Government paid  $1.00  per  pound  per
month to store his household goods.  It paid $109.20 per month to store  his
10,920 pounds of household goods for 14 months for  a  total  of  $1,528.80.
Since he was only entitled to 12 months of storage (costing  $1,310.40),  he
believes his total debt for excess storage of his HHG should be $218.40  not
$2,074.80 for 19 months he was originally  billed  for,  nor  the  $2,889.60
JPPSO-SAT now says he should pay.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 30 June 2000, the applicant was relieved from active duty and on  1  July
2000 he retired in the grade of chief master sergeant.  He served  30  years
and 6 days of total active military service.

In May 2001, the applicant requested and was granted  an  extension  of  the
one-year time limit to move to his HOS.  The time limit was extended  to  30
June 2002.  In May 2002,  due  to  still  being  unemployed,  the  applicant
requested and was granted another extension of the time  limit  to  move  to
his HOS.  The time limit was extended to 30 June 2003.

On 28 November 2001, the applicant placed 10,920 pounds of  household  goods
in nontemporary storage (NTS).  The  goods  remained  in  storage  until  23
January 2003 and were then shipped to Tucson, AZ.  As  entitlements  to  NTS
at Government expense terminate one year following the release  from  active
duty, the applicant was  billed  $2,074.80  for  the  unauthorized  storage.
Later, warehouse handling and wardrobe cartons were  added,  increasing  the
cost to $2,889.60.

_________________________________________________________________

AIR FORCE EVALUATION:

AF/JPPSO indicated HOS benefits are not  open-ended  entitlements  that  the
retired member retains until used.  In decision B-207157, dated  2  February
1983, the Comptroller General held that Congress intended  HOS  benefits  be
directly related to the member’s separation/retirement from active  service.
 While Congress provides for extension of the time limit  for  travel  to  a
HOS under certain conditions, for extensions under paragraph U5365-F,  there
is no authority to extend the Government’s obligation to  pay  storage  cost
occurring more than a year  after  termination  of  active  duty.   However,
since the  time  limit  to  move  to  the  HOS  was  extended  by  competent
authority,  they  believe  the  member  should  receive   the   travel   and
transportation entitlements.

If the board agrees, they recommend the records be changed to authorize  the
packing, warehouse handling, line-haul  charges  to  Arizona,  and  delivery
cost at destination.  However, the applicant is responsible for the  storage
cost for 10,920 pounds at a rate of $1.00 per hundredweight for 14.5  months
for a total cost of $1,583.40.

The evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 7 May 2004, a copy of the Air  Force  evaluation  was  forwarded  to  the
applicant for review and response within 30  days.   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 an error or injustice warranting  partial  relief.   The  Board
agrees with the Air Force and adopts their rationale as the  basis  for  our
conclusion.  Since the applicant’s time to move to his HOS was  extended  by
competent authority, we believe the applicant should receive the travel  and
transportation entitlement.  However, with respect to storage cost, we  note
this is not an indefinite entitlement and as such, there is no authority  to
extend the Government’s obligation to pay storage costs occurring more  than
one year after  termination  of  active  duty.   It  is  further  noted  the
applicant was advised in May 2001 that his HOS extension did  not  apply  to
NTS  of  his  HHGs.   Therefore,  we   believe   it   is   the   applicant’s
responsibility to  pay  the  storage  costs.   In  view  of  the  above,  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 the Government Bill of  Lading,  ZY-
088121, dated 20 December 2002, was  amended  in  block  30  -  Charges,  to
reflect total charges of $1,306.20.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2004-
00664 in Executive Session on 14 July 2004, under the provisions of AFI  36-
2603:

                 Ms. Olga M. Crerar, Panel Chair
                 Mr. Michael J. Novel, Member
                 Mr. Robert S. Boyd, Member

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

   Exhibit A.  DD Form 149, dated 28 February 2004, w/atchs.
   Exhibit B.  Military Personnel Records.
   Exhibit C.  Letter, JPPSO, dated 28 April 2004.
   Exhibit D.  Letter, SAF/MRBR, dated 7 May 2004.



                       OLGA M. CRERAR
                       Panel Chair






AFBCMR BC-2004-00664





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 the Government Bill of Lading, ZY-
088121, dated 20 December 2002, was amended in block 30 - Charges, to
reflect total charges of $1,306.20.




            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency




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