RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-05924

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

1.  He be reimbursed household goods (HHG) storage expenses incurred during the period of July 2011 through March 2012 in the amount of $3,006.56.

2.  He be reimbursed HHGs moving expenses from Delaware to Arkansas in the amount of $6,192.96.  

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APPLICANT CONTENDS THAT:

During his Transition Assistance Program (TAP) workshop and Traffic Management Office (TMO) briefings prior to his retirement, he was told he was entitled to an extra shipment of household goods within the Continental United States, if accomplished within one year of retirement.  

He informed TMO of his move to Delaware but wanted the option of moving to his home of record (HOR) in Arkansas within one year.  As a result, he was instructed that his best option was to move and store his HHGs in Delaware since the government would pay the storage fee for up to one year.  However, this option would require him to change his HOR from Arkansas to Delaware.  

He was not fully advised on the conditions required to keep his HHGs in non-temporary storage and have them delivered at the government rate after his entitlement expired.  He would not have entered the arrangement if he had known all the facts.  

He was very knowledgeable of the regulations and guidelines governing his military profession and expected the same accountability from all members of the Armed Forces, to include TMO technicians who mis-counseled him.  He has since received an apology, advised of additional training at local transportation offices, and advised that the Board for Correction of Military Records (BCMR) may be able to provide him some financial relief.  

The applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant was serving in the Regular Air Force in the grade of master sergeant (E-7) during the matter under review.  

On 16 November 2010, a DD Form 1299, Application for Shipment and/or Storage of Personal Property, was initiated for the shipment/storage of the applicant’s HHGs from Eglin AFB, Florida to Bear, Delaware.  

On 5 January 2011, a DD Form 619, Statement of Accessorial Service Performed, was initiated that shipped the applicant’s HHGs to Delaware.  

On 11 March 2011, the applicant requested an extension of his storage in transit (SIT)/temporary storage for his HHGs.  

On 17 March 2011, the Joint Personal Property Shipping Office – Northeast (JPPSO-NE) notified the applicant that his request for an extension was granted until 9 July 2011, a total of 180 days, and that any additional storage time past this date may not be authorized.  

On 31 March 2011, the applicant was relieved from active duty and retired in the grade of master sergeant (E-7), effective 1 April 2011.  He was credited with 24 years, 11 months, and 28 days of total active service.  

On 7 June 2011, the applicant requested an additional extension for the storage of his HHGs.  

On 7 June 2011, JPPSO-NE informed the applicant that they do not have the authority to extend the applicant’s storage beyond 180 days and suggested he contact HQ AFPC for their determination.  

On 8 June 2011, the applicant contacted HQ AFPC/DPSIA requesting an extension for storage of his HHGs beyond 180 days. 

On 15 June 2011, the applicant was advised that his HHG shipment from Florida in storage at government expense will expire/convert on 9 July 2011.  The storage of his property will be converted to his own expense on 10 July 2011.  

On 17 June 2011, AFPC/DPSIAR notified the applicant and JPPSO-NE  that the applicant’s entitlement to store of move his HHGs expired on 31 March 2012, one year after the date of his retirement.

On 20 June 2011, JPPSO-NE indicated that the applicant was requesting a time extension on his 180 days for SIT and since he is a retiree, it is beyond their capabilities to approve storage to exceed the 180 days.  However, the applicant feels that his situation should be considered as an “Other deserving Circumstances” case, and therefore must be determined through HQ AFPC.  

On 21 June 2011, PPA HQ/ECAF-B clarified that the applicant’s property was in SIT and extensions for SIT are not the responsibility of AFPC nor categorized as other deserving cases.  The extension of one year applies to property in non-temporary storage (NTS).  

On 11 July 2011, the applicant was notified by JPSSO that the storage on his property was converted to his own expense, effective 9 July 2011.  

On 4 October 2011, the applicant was advised that his orders indicated Delaware as his HOR.  Since his storage had expired and shipment was converted to his expense his entitlement ended.  He was not able to get a cost estimate at the government rate to ship his HHGs to Arkansas.  

In March 2012, the applicant contracted to move his HHGs to Arkansas.  

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AIR FORCE EVALUATION:

PPA HQ/ECAF recommends denial, indicating there is no documented evidence of miscounseling by the Eglin TMO regarding the storage of the applicant’s HHG.  Specifically, there are two types of storage:  NTS or SIT.  In accordance with Joint Federal Travel Regulation (JFTR), Volume 1, paragraph U5365-A and C, upon retirement, a member is authorized to:  (a) place property into NTS with a termination date one year after release from active duty or (b) ship property to a home of selection (HOS).  Property placed into NTS may be shipped to the HOS anytime within the one year period.  Furthermore, paragraph U5375-A, indicates a member is authorized 90 days SIT and if conditions warrants, appropriate officials may approve/authorize an additional 90 days.  The Secretarial Process may further approve/authorize SIT beyond 180 days and this authority has been delegated to the JPPSO Director/Deputy.  Paragraph U5365-G of the JFTR further indicates that upon retirement, members residing in government quarters are authorized a short distance HHG move from the quarters to a local temporary residence in the vicinity of the located government quarters.  A HHG shipment within the authorized time period is later authorized from the temporary residence to the HOS.  In this case, the applicant did not request NTS, but requested shipment of his household goods, per his signature on the Eglin TMO personal property worksheet and application for shipment.  His signature on the AF Form 2473, Home of Selection Travel and Transportation Entitlements, reflects he understood his entitlement relating to shipment of his HHGs from government quarters upon retirement and NTS versus shipping.  The applicant shipped his HHG and stored them in SIT for 90 days and received a 90 day extension.  JPPSO-NE denied the applicant’s request for additional SIT and his storage at government expense was terminated and converted to his own expense.  

A complete copy of the PPA HQ/ECAF evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 27 February 2013 for review and response within 30 days.  As of this date, no response has been received by this office (Exhibit D).  

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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 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 offices of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice.  While the applicant alleges he was miscounseled, he failed to provide any supporting confirmation or documentation to substantiate his claim.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application.  

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THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered AFBCMR Docket Number BC-2012-05924 in Executive Session on 31 October 2013, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2012-05924 was considered:

     Exhibit A.  DD Form 149, dated 20 December 2012, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, PPA HQ/ECAF, dated 25 February 2013,   
                 w/atchs.
     Exhibit D.  Letter, SAF/MRBR, dated 27 February 2013.  




                                   
                                   Panel Chair