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AF | BCMR | CY2006 | BC-2005-03808
Original file (BC-2005-03808.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-03808
            INDEX CODE:  128.00
            COUNSEL:  NONE
            HEARING DESIRED:  YES

      MANDATORY CASE COMPLETION DATE: 17 Jun 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

His entitlement of  non-temporary  storage  of  household  goods  (HHGs)  be
extended until 4 Aug 06.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was counseled that he is entitled to one year of  storage  following  his
retirement from the Air Force.  His  retirement  date  was  1  Jan  05.   He
placed his HHGs in storage on 4 Aug 05 and was given an expiration  date  of
4 Aug 06.  The last minute notice of  his  change  of  expiration  date  has
caused undue hardship as he is unable to  take  delivery  due  to  extensive
work related travel/lack of storage space.

In support of his request, applicant provided his retirement order;  his  DD
Form 1299, Application for Shipment and/or  Storage  of  Personal  Property;
and his NTS Expiration Notice.  His complete submission,  with  attachments,
is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 31 Dec 04, applicant retired from the Air Force in the  grade  of  major,
having served 20 years and 21 days on active duty.  On 7 Jun 05, he  applied
to have HHGs placed in non-temporary storage.  His HHGs were placed in  non-
temporary storage on 4 Aug 05.  On 25 Oct 05, he was notified that his  non-
temporary storage entitlement was due to expire on 1 Jan 06.  His 8  Dec  05
request for a one-year extension of  his  HHG  shipping  and  transportation
entitlement was approved on 12 Dec  05.   However,  his  approval  specified
that "(NOTE  This  approval  does  not  extend  your  non-temporary  storage
entitlement as there is no lawful authority to do so  for  members  pursuing
education or training) provided..."

_________________________________________________________________

AIR FORCE EVALUATION:

JPPSO-SAT/ECAF recommends  denial.   JPPSO  states  per  paragraph  U5365-C,
JFTR,  a  member  or  a  dependent,  entitled  to  HHG  transportation  upon
retirement is entitled to non-temporary storage.  The entitlement begins  on
the date orders are  issued  and  terminates  one  year  from  the  date  of
termination of active duty.  Under the provisions of U5365-E, a  member  who
is undergoing education or  training  to  qualify  for  acceptable  civilian
employment on the date of termination of  active  service,  or  begins  such
education or training during the one-year period  following  termination  of
active service is entitled to HHG transportation until one  year  after  the
education or  training  is  completed,  or  two  years  after  the  date  of
termination of  active  duty,  whichever  is  earlier,  and  continued  non-
temporary storage provided the member agrees  to  pay  all  costs  for  non-
temporary storage for any period over one year from the date of  termination
of active service.

His entitlement to non-temporary  storage  terminated  on  1  Jan  06.   His
AFBCMR application indicates he was aware that members are entitled to  only
one year  of  non-temporary  storage  following  retirement.   Although  the
application initially listed 4 Aug  06  as  the  termination  date,  he  was
advised prior to 1 Jan 06 that the correct termination date was  1  Jan  06,
one year after his retirement from  active  service.   Paragraph  3.6.5.3.1,
Air Force  Supplement  to  the  JFTR  provides  that  upon  approval  of  an
extension for travel and transportation, the Government maintains  the  non-
temporary storage account during the period  of  the  authorized  extension.
The member must reimburse the Government for non-temporary storage past  the
one year.   Under  this  arrangement,  he  benefits  by  the  storage  rates
available to the Government.

Paragraph U5365-F prescribes several reasons for which an extension  of  the
one-year time limit may be authorized or approved  through  the  Secretarial
process.   It  states  in  part,  these  extensions  do   not   extend   the
Government's obligation for storage costs for longer than a one year  period
from the date of termination of active duty, except where  a  longer  period
is authorized under paragraph  U5365-D,  relating  to  a  member  undergoing
hospitalization or medical treatment.

The JPPSO evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 20  Jan
06 for review and comment within 30 days.  As of this date, this office  has
received no 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  error  or  injustice.   We  took  notice  of  the  applicant's
complete submission in judging the merits of the  case;  however,  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.
Therefore,  in  the  absence  of  evidence  to  the  contrary,  we  find  no
compelling  basis  to  recommend  granting  the  relief   sought   in   this
application.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issues involved.   Therefore,  the  request  for  a
hearing is not favorably considered.

_________________________________________________________________

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 AFBCMR Docket Number  BC-2005-
03808 in Executive Session on 28 Feb 06, under the  provisions  of  AFI  36-
2603:

      Mr. Michael J. Novel, Panel Chair
      Ms. Renee Collier, Member
      Ms. Josephine Davis, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 8 Dec 05, w/atchs.
    Exhibit B.  Letter, Master Personnel Records.
    Exhibit C.  Letter, JPPSO-SAT/ECAF, dated 13 Jan 06.
    Exhibit D.  Letter, SAF/MRBC, dated 20 Jan 06.



                                   MICHAEL J. NOVEL
                                   Panel Chair

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