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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