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AF | BCMR | CY2008 | BC-2007-02165
Original file (BC-2007-02165.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-02165
                                        INDEX CODE:  128.02
  xxxxxxxxxxxxxxx                       COUNSEL:  NONE
                                        HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be authorized household goods (HHG) storage entitlement.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was  not  provided  a  one-on-one  counseling  session  with  the  travel
management office (TMO).  He was forced to ship  his  personal  property  at
his own expense.  It is an injustice to deprive a retired  disabled  veteran
proper counseling.

Applicant submits no supporting  documentation.   The  applicant’s  complete
submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 4 Mar 05, the applicant was relieved from active duty and placed  on  the
Temporary Disability Retired List (TDRL)  in  the  retired  grade  of  staff
sergeant.  Presently, he remains on the TDRL.

_________________________________________________________________

AIR FORCE EVALUATION:

   JPPSO-SAT/ECAF  recommends  denial.   ECAF  states  in  accordance   with
   paragraph U5365-A and C, Joint Federal Travel Regulation (JFTR), a member
   placed on the TDRL is entitled  to:  (a)  ship  property  to  a  home  of
   selection (HOS); or (b) place property into Non-Temporary  Storage  (NTS)
   with a  termination  date  one  year  after  release  from  active  duty.
   Property placed into NTS may be shipped to the HOS anytime within the one
   year period.  ECAF advises that the applicant made an application through
   the TMO for shipment of HHG from Lorton VA  to  his  HOS,  where  it  was
   placed into temporary storage at government expense  for  90  days.   The
   applicant requested and received an extension for an additional  90  days
   of storage based upon his inability to find employment and housing on his
   own.  After receiving an  expiration  of  storage  notice,  he  requested
   another 90 day extension which was denied and the storage  was  converted
   to  his  expense  effective  6  Sep  05.   The  complete   JPPSO-SAT/ECAF
   evaluation, with attachments, is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states  the  TMO's  responsibility  was  to  counsel  him  on  his
entitlement to have his HHG stored at government expense  for  one  year  at
the place of origin.  He was not counseled on this entitlement.  This is  an
obvious error and injustice.  The DD Form  1299,  Application  for  Shipment
and/or Storage of  Personal  Property,  is  not  designed  to  be  used  for
counseling  and  contains  no  information   or   references   to   shipping
entitlements  for  disabled  service  members  placed  on  the  TDRL.    The
applicant's complete letter is at Exhibit D.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

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

2.  The application was not timely filed; however, it is in the interest  of
justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence  of  error  or  injustice.   The  applicant  asserts  he  was  not
counseled on his entitlement to have his HHG stored  at  government  expense
for one year.  However, we find no evidence to support this  contention  nor
do we find that he was treated any differently than any other individual  in
his same situation.  In view  of  the  above  and  absent  evidence  by  the
applicant to the  contrary,  we  find  no  basis  upon  which  to  favorably
consider the applicant’s request.  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.  Accordingly,  we  find  no  basis
upon which to favorably consider the applicant’s request.

_________________________________________________________________

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  Docket  Number  BC-2007-02165
in Executive Session on 14 Aug 08, under the provisions of AFI 36-2603:

                 Ms. B J White-Olson, Panel Chair
                 Ms. Janet I. Hassan, Member
                 Ms. Teri G. Spoutz, Member

The following documentary evidence  pertaining  to  Docket  Number  BC-2007-
02165 was considered:

     Exhibit A.  DD Forms 149, dated 3 Jul 07, w/atchs.
     Exhibit B.  Letter, JPPSO-SAT/ECAF, dated 10 Jun 08,
                 w/atchs.
     Exhibit C.  Letter, SAF/MRBR, dated 27 Jun 08.
     Exhibit D.  Letter, Applicant, dated 2 Jul 08.




                                  B J WHITE-OLSON
                                  Panel Chair


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