RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        6 March 2007
      DOCKET NUMBER:  AR20060011614


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Gerard W. Schwartz            |     |Acting Director      |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Scott W. Faught               |     |Member               |
|     |Mr. Roland S. Venable             |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his records be corrected to
show he requested an extension of his nontemporary storage (NTS)
entitlement in a timely manner and that he be reimbursed the $3,131.61 he
paid in storage and delivery fees.

2.  The applicant stated, in a 28 June 2005 letter to his Senator, that
prior to being assigned to Korea he had household goods (HHG) placed in
NTS.  In Korea, as he was preparing to retire, he filled out paperwork that
he believed extended his NTS for an additional year until he found a home
to retire in.  He was told by the Yongsan, Korea transportation office that
the shipment [papers] showed delivery, but he would have to contact the
Colorado transportation office for an exact delivery date.  During every
(emphasis in the original) conversation he had with Colorado, he told them
that he had extensive renovations [to his retirement house] that were not
completed and would need his NTS [extended] until the renovations were
completed.

3.  The applicant stated, in his 28 June 2005 letter to his Senator, that
in July 2004 a delivery truck arrived unexpectedly at his home.  There was
no way the HHG could be delivered – his house was gutted.  He had no idea
the delivery was coming.  The delivery people told him the shipment would
be held (at government expense) until delivery could be made.  In May 2005,
he called Colorado to release the NTS.  He was told he would have to
release the shipment in writing.  He went that very day to Luke Air Force
Base to begin the process.  That is when he was told that from July 2004
until the present he was paying for storage and any delivery charges.

4.  The applicant stated, in his 28 June 2005 letter to his Senator, that
at no time did the government let him know he was paying for storage.  The
delivery people told him they had a letter dated 17 June 2004, that was a
copy of one sent to Korea, explaining that he would incur storage costs in
August 2004 if the proper paperwork was not submitted.  He believed he had
submitted the proper extension request in Korea.  He never received any
letter dated 17 June 2004.

5.  The applicant provides a letter to his Senator, dated 23 July 2006 (a
duplicate of his current Board request); his original application, dated 20
August 2005; the 28 June 2005 letter to his Senator; a 15 August 2005
letter from his Senator to him; a 9 August 2005 letter from the Department
of the Air Force to his Senator; a 20 August 2005 letter to his Senator;
two DD Forms 1252 (US Customs Declaration for Personal Property Shipments),
one dated 9 June 2004 and one dated 10 June 2004; an EA (Eighth Army) Form
484-E (Shipment of Professional Books, Papers and Equipment), dated 10 June
2004; a DD Form 1797 (Personal Property Counseling Checklist); a photograph
of his gutted kitchen; an 18 August 2005 letter from the Department of
Veterans Affairs; a 7-page log of his telephone calls from Sprint between
23 June 2004 and 28 August 2004; his DD Form 214 (Certificate of Release of
Discharge from Active Duty); three DD Forms 1299 (Application for Shipment
and/or Storage of Personal Property), all dated    3 May 2004; and an 18
May 2004 letter from the Joint Personal Property Shipping Office, Colorado
Springs, CO (JPPSO-COS).

CONSIDERATION OF EVIDENCE:

1.  After having had prior service, the applicant was commissioned out of
West Point on 28 May 1986 and entered active duty.  Around May 2002, he was
assigned to Korea.  At that time, he had unaccompanied baggage and about
6,000 pounds of HHG shipped from Phoenix, AZ to Korea.  He had about 10,000
pounds of HHG placed in NTS at Luke Air Force Base, AZ.

2.  Around June 2004, the applicant departed Korea with a retirement date
of      1 October 2004.  In May 2004, he had completed three DD Forms 1299.
 All three of the DD Forms 1299 indicated delivery dates of either July or
August 2004.  The DD Form 1299 for his HHG in NTS indicated a scheduled
pickup date of 15 July 2004 and delivery date of 15 July 2004.

3.  By letter dated 18 May 2004, JPPSO–COS informed the applicant that his
personal property in NTS was due to expire as of 1 August 2004.  If
continued storage was required, he should provide written justification to
support continued storage.

4.  The applicant arrived in Phoenix, AZ in June 2004.  He provided a log
of telephone calls from Sprint that confirm he called JPPSO–COS on 24, 25,
and 28 June 2004 and numerous times in July 2004.

5.  The applicant provided a 9 August 2005 letter from the Department of
the Air Force to his Senator.  The Department informed his Senator that,
upon receipt of the DD Form 1299 dated 3 May 2004, JPPSO–COS ordered the
release of the applicant’s HHG from NTS to be delivered on 15 July 2004.
The Department stated there was no indication an extension for continued
government NTS was received by JPPSO–COS, the transportation office at Luke
Air Force Base, or the transportation company.

6.  Upon receiving the Department of the Air Force’s reply to his Senator,
the applicant responded to it in a letter to his Senator.  He stated he was
told in Korea that a delivery date had to be entered on the DD Form 1299.
He was told there should be no problem because he would have to contact the
Colorado transportation office to schedule the final delivery.  He noted
that there were delivery dates on the DD Forms 1299 for his other two
shipments, but those items were not delivered on those dates because they
were coordinated and scheduled by him with the Colorado transportation
office before final delivery.  Upon his return to Arizona, he called the
Colorado transportation office to apprise them of his contact telephone
number and current situation.  He spoke with them numerous times concerning
the deliveries of his two shipments from Korea as well as his NTS shipment.
 On every call he told them (and verified) that the NTS would have to be
extended for up to a year after his retirement, the house was undergoing
renovations, and he could not accept delivery.

7.  The JFTR, paragraph U5365 states a member authorized HHG transportation
is authorized NTS.  The authority begins on the date the order is issued
and terminates 1 year from the active duty termination date.  An extension
of the      1-year time limit may be authorized/approved through the
Secretarial Process when an unexpected event beyond the member’s control
occurs which prevents the member from moving to the home of selection
within the specified time limit.  A time limit extension also may be
authorized/approved through the Secretarial Process, if in the best
interest of the Service, or substantially to the member’s benefit and not
more costly or adverse to the Service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contended that he contacted the appropriate office(s) in
a timely manner.  He contended he had no problem with delaying the delivery
of his two shipments coming out of Korea, which also had delivery dates of
July or August 2004 listed on their respective DD Forms 1299.

2.  The applicant presents a persuasive argument and evidence.  He provided
a log of telephone calls from Sprint that confirms he called JPPSO–COS on
three times in June 2004, well before the date his 10,000 pound shipment of
HHG was delivered to his home.  It is not creditable to believe that he
would have talked to JPPSO-COS three times and talked only about delaying
the delivery of his two shipments coming out of Korea and not his larger
shipment coming out of NTS.

3.  Any reasonable doubt should be resolved in the applicant’s favor.  His
records should be corrected to show he submitted the appropriate paperwork
to the appropriate office in a timely manner to extend for one year the NTS
of his 10,000 pounds of HHG thereby making him eligible for reimbursement
of the approximately $3,131.61 he paid in storage and delivery fees.

BOARD VOTE:

__jea___  __swf___  __rsv___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by
showing he submitted the appropriate paperwork to the appropriate office in
a timely manner to extend for one year the nontemporary storage of his
10,000 pounds of household goods thereby making him eligible for
reimbursement of the approximately $3,131.61 he paid in storage and
delivery fees.




                                  __James E. Anderholm__
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2000011614                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070306                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.       |128.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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