RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-00637
INDEX CODE: 128.00
COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to repay all charges associated with the nontemporary storage
(NTS) and have his shipping entitlements reinstated so he can reship his
household goods (HHG) at government expense.
_________________________________________________________________
APPLICANT CONTENDS THAT:
At the time of his counseling, he was misled in believing he had a final
move. He was also told in person and by phone when he tried to move his HHG
again that he would be entitled to a new move. A few days before his
briefing, he was notified that all his entitlements were used up. This put
a big financial problem on him because he desires to sell his house and
move. Now at the last minute, he is looking for movers and packers he can’t
afford.
In support of his application, applicant provided documentation associated
with his move.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 23 November 2004, the applicant was relieved from active duty effective
31 October 2005 for the purpose of retirement in the grade of TSgt (E-6).
The applicant was assigned to McChord AFB WA at the time of his release
form active duty. On 17 June 2005, pursuant to his retirement orders, the
applicant placed 11,840 pounds of HHG in nontemporary storage. On 22 July
2005, he had the goods released from storage and delivered to XXXXXXX, WA.
When the goods were delivered from storage, this exhausted his entitlements
to further shipment of the goods at government expense.
_________________________________________________________________
AIR FORCE EVALUATION:
JPPSO-SAT/ECAF recommends denial and states the applicant requests to repay
for the pickup, storage, and delivery of his HHG in order to reinstate his
shipping entitlements. There are no provisions in the JFTR that allows a
member to move to one location then repay the government for the move in
order to reestablish the shipping entitlement in order to move to another
location. Per paragraph U5012-J, once a home is selected, that selection is
irrevocable if transportation-in-kind is furnished and used, or travel and
transportation allowances are received after the travel is completed.
JPPSO-SAT/ECAFD complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 24 March 2006, 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. Insufficient relevant evidence has been presented to demonstrate the
existence of an error or injustice. We took note of the applicant's
contentions that prior to his election to relocate his family, he was
miscounseled, or that he was not made aware of the options available to
him. However, the Board does not find these assertions, in and by
themselves, sufficiently persuasive to override the rationale provided by
the Air Force. In this respect, we note that there are no provisions in the
JFTR that allow the applicant to move to one location then repay the
Government for the move in order to reestablish the shipping entitlement in
order to move to another location. Therefore, we agree with the opinion
and recommendation of the Air Force office of primary responsibility and
adopt its rationale as the basis for our conclusion that the applicant has
not been the victim of an error or injustice. In the absence of evidence
to the contrary, we find no compelling basis to recommend granting the
relief sought in this application.
_________________________________________________________________
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-2006-
00637 in Executive Session on 4 May 2006, under the provisions of AFI 36-
2603:
Mr. Wayne R. Gracie, Panel Chair
Mr. Alan A. Blomgren, Member
Ms. BJ White-Olson, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 Feb 06, w/atchs.
Exhibit B. Applicant's Available Master Personnel Records.
Exhibit B. Letter, JPPSO-SAT/ECAF, dated 16 Mar 06.
Exhibit C. Letter, SAF/MRBR, dated 24 Mar 06.
WAYNE R. GRACIE
Panel Chair
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