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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