IN THE CASE OF:	     

		BOARD DATE:	           9 December 2008

		DOCKET NUMBER:     AR20080007243 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, reimbursement for his household goods (HHG) shipment in the amount of $2324.67.

2.  The applicant states, in effect, that he was improperly counseled regarding his HHG shipment and storage.

3.  The applicant provides the following documents in support of his application:  self-authored statement; bills of lading, dated 16 January 2007 and 16 November 2007; Applications for Shipment and/or Storage of Personal Property (DD Forms 1299), dated 8 January 2007 and 13 November 2007; reassignment orders; retirement orders; amendment orders; invoices, dated 28 September 2007 and 30 October 2007; cashier’s check receipt; Personnel Property Shipping Office letter, dated 17 October 2007; Statement of Accessorial Services Performed (DD Form 619-1); Personnel Property Counseling Checklist (DD Form 1797); Personnel Property Pre-Questionnaire; and Department of the Army (DA) G-4 electronic mail (e-mail) messages.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s records show that he completed a total of 20 years, 1 month, and 14 days of active military service and was released from active duty (REFRAD) for retirement in the rank of major on 31 May 2007.


2.  An Application for Shipment and/or Storage of Personal Property, dated 8 January 2007, shows in item 10 (Destination Information) that the applicant elected to ship his HHG to Dallas, Texas.  Item 12 (Scheduled Date for Pack, Pickup, and Delivery) contains the entries 26 February 2007, 27 February 2007, and 4 May 2007, respectively.  The applicant authenticated this document with his signature in item 15a (Signature of Member).

3.  On 10 April 2007, the applicant’s HHGs arrived at Fort Worth, Texas, and the applicant was notified.  The applicant indicated he was unable to accept delivery and the HHGs were placed in storage in transit (SIT) pending the applicant’s election of a local shipment address.

4.  On 1 November 2007, the member requested his HHGs be removed from SIT and delivered to a local address in Yuma, Arizona.  At this time, the applicant was informed that his HHG shipment entitlement was used to ship his HHGs to Fort Worth, Texas, and his only remaining entitlement was for local delivery of his HHGs from SIT to a local Fort Worth, Texas, area address.

5.  On 2 November 2007, the applicant made his own arrangements to remove his HHGs from SIT and to ship them to an out of area address in Yuma, Arizona. On 12 November 2007, the applicant received his HHG shipment in Yuma, Arizona, at a personal cost of $3500.00.

6.  In response to the request for reimbursement of the cost of shipping his HHGs from Texas to Arizona, the DA G-4 authorized a partial payment to the applicant of $1,175.33, which was the maximum cost that would have been authorized for shipment of his HHGs from SIT to a local Texas address, as partial reimbursement for the HHGs shipment cost he incurred for shipment of his HHGs to Yuma, Arizona.

7.  Paragraph U5365 of the Joint Federal Travel Regulation (JFTR) contains guidance on HHG shipments for retirement.  It states, in pertinent part, that members who are retired are authorized to ship their HHGs from their last permanent duty station (PDS), from a designated place in the continental U.S. (CONUS), from storage, or any combination thereof, to their home of selection (HOS), commonly referred to as retirement location of choice within 1 year of retirement.  HHG shipment is authorized to a place other than the member’s HOS, or part to the HOS and part to some other place, provided the member bears all costs in excess of transportation in one lot to the HOS, home of record (HOR), or the place entered active duty (PLEAD).  The JFTR provides no provisions for shipping HHGs to a second or subsequent location once the original shipment has been made to a designated HOS.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he should be reimbursed the total personal cost incurred to ship his HHGs from SIT in Texas to Yuma, Arizona, has been carefully considered.  However, there is insufficient evidence to support this claim.

2.  By regulation, members who are retired are authorized to ship their HHGs from their last PDS, from a designated place in CONUS, from storage, or any combination thereof, to their HOS within 1 year of retirement.  HHG shipment is authorized to a place other than the member’s HOS, or part to the HOS and part to some other place, provided the member bears all costs in excess of transportation in one lot to the HOS, HOR, or the PLEAD.

3.  The evidence of record confirms that the applicant identified "Dallas, Texas," as his HOS destination for the delivery of his HHGs as evidenced by the 8 January 2007 DD Form 1299 on file which he authenticated with his signature. In effect, his signature on this document was his verification that the information contained on the form to include the shipment location was correct as entered.  As a result, the applicant’s HHG shipment authorization was used when his HHGs were shipped to and arrived at its destination in Texas on 10 April 2007.

4.  The record further shows that DA authorized reimbursement of $1,175.33, which was the amount the applicant was authorized to ship his HHGs from SIT to a local address in Texas.  As a result, it appears the applicant either received or was reimbursed for the total HHG authorization and there is an insufficient evidentiary basis to support granting the requested relief.

5.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ___X____  __X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _   _X______   ___
                 CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080007243



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ABCMR Record of Proceedings (cont)                                         AR20080007243



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