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AF | BCMR | CY2005 | BC-2005-02157
Original file (BC-2005-02157.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2005-02157
                                        INDEX CODE:  128.02
                                        COUNSEL:  NONE

                                        HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be compensated for his  household  goods  (HHG)  storage  cost  while  he
received medical treatment from January through August 2004.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He remained in the local area after his  retirement  in  order  to  continue
receiving medial treatment.

In support of his application, the applicant submits a copy  of  his  record
of payments for storage of his HHG, a copy of his DD Form 214,  two  letters
from Tripler Army Medical Center, email messages from JPPSO-SAT and  a  copy
of  his  travel  and  transportation   extension   approval   letter.    The
applicant’s submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The military personnel data system (MilPDS) reflects the  applicant  retired
effective 1 January 2003 in  the  grade  of  master  sergeant  after  having
served 26 years, 3 months and 15 days of active military service.

The remaining relevant facts pertaining to this application, extracted  from
the applicant’s military records, are contained in the  letter  prepared  by
the appropriate office of the Air Force at Exhibit B.

_________________________________________________________________

AIR FORCE EVALUATION:

JPPSO-SAT/ECAF recommends the application be denied.  JPPSO-SAT/ECAF  states
that members who  retire  from  service  with  a  home  of  selection  (HOS)
authorization are entitled  to  non-temporary  storage  from  the  date  the
retired orders are issued until 1 year  from  the  date  of  termination  of
active duty.  Under the provisions  of  paragraph  U5365(D),  Joint  Federal
Travel Regulation, the applicant requested and received  two  extensions  to
the 1-year time limit to travel and ship HHG to his  HOS.   Both  extensions
advised the applicant that only the time limit to make  his  HOS  was  being
extended but storage at government expense would not be extended  beyond  31
December 2003.  The JPPSO-SAT/ECAF evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 2 September 2005, a copy of the Air Force  evaluation  was  sent  to  the
applicant for review and comment.  As of this  date,  this  office  has  not
received a response.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

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

2.  The application was timely filed.

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of an  error  or  injustice.   After  reviewing  the  evidence  of
record, the Board is persuaded that the applicant was properly charged  with
a debt as a result of his storage of Household Goods (HHG) exceeding the  1-
year time limit.  The applicant’s assertions concerning the actions  of  the
Joint Personal Property Shipping Office officials and  his  contention  that
he had no residence at that time because of insufficient  funds  are  noted.
However, he has provided no evidence showing he was  not  advised  that  his
HHG in nontemporary storage at government  expense  would  not  be  extended
beyond  31  December  2003.   Therefore,  we  agree  with  the  opinion  and
recommendation of the Air Force office of primary responsibility  and  adopt
their rationale as the basis for our conclusion that the applicant  has  not
been the victim of an error or injustice.  Accordingly,  we  find  no  basis
upon which to compensate him for his HHG storage cost.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of material error  or  injustice;  that  the  application  was
denied without a personal appearance; and that the application will only  be
reconsidered upon the
submission of newly discovered relevant evidence not  considered  with  this
application.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 17 November 2005, under the provisions of AFI 36-2603:

            Mr. James W. Russell, III, Panel Chair
            Ms. Kathleen B. O’Sullivan, Member
            Ms. LeLoy W. Cottrell, Member

The following documentary evidence for AFBCMR  Docket  Number  BC-2005-02157
was considered:

     Exhibit A.  DD Forms 149, dated 29 May 05.
     Exhibit B.  Letter, JPPSO-SAT/ECAF, dated 25 Aug 05.
     Exhibit C.  Letter, SAF/MRBR, dated 2 Sep 05.




                                  JAMES W. RUSSELL, III
                                  Panel Chair


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