IN THE CASE OF:	  

		BOARD DATE:	  3 November 2009

		DOCKET NUMBER:  AR20090000714 


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 that her personal property be released at government expense.

2.  The applicant states, in effect, that she was transferred to Hawaii and was authorized non-temporary storage (NTS) of her household goods (HHG).  She goes on to state that she was due to complete her tour in Hawaii in October 2006; however, her return was delayed due to stop loss until 30 September 2007.  She continues by stating that she received orders transferring her to Fort Polk, Louisiana, on 26 October 2007 and faxed them to the transportation office at Fort Knox, Kentucky.  However, officials at Fort Knox denied having received the orders and effective 31 October 2007 she began to be charged for storage costs.  She also states that she moved into government quarters at Fort Polk in February 2008 and requested her HHG be delivered; however, she was informed that she would have to pay the storage costs before her HHG could be released.

3.  The applicant provides a two-page letter explaining her application, a copy of her orders transferring her to Hawaii in 2003, a copy of her orders transferring her to Fort Polk in 2007 with an amendment changing her report date to 26 October 2007, a copy of a DD Form 1164 (Service Order for Personal Property) dated 1 November 2007, copies of two electronic mail (email) messages to contractors at Fort Knox regarding an extension due to stop loss, a copy of a letter from her Congressional representative, and a copy of a letter from the Fort Knox Adjutant General to her Congressional representative regarding her HHG.
CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 1 December 1987 for a period of 2 years and training as a unit supply specialist.  She remained on active duty through a series of continuous reenlistments and was promoted to the pay grade of E-7 on 1 May 2003.

2.  On 20 October 2003, while stationed with her husband (a service member) at Fort Knox, Kentucky, she was transferred to Hawaii for an accompanied tour.  The applicant's husband was also transferred to Hawaii.

3.  On 7 August 2006, the applicant dispatched an email message to another contractor at Fort Knox explaining that she needed her storage longer because her departure date had changed to 30 September 2007.

4.  On 7 December 2006, the applicant again dispatched an email message to a contractor at Fort Knox informing the individual that she needed her storage to continue to September 2007.  She also provided her phone number.

5.  On 20 June 2007, the applicant received orders transferring her to Fort Polk for a joint domicile assignment with a report date of 5 August 2007.  Her orders were amended on 9 August 2007 to adjust her report date to 26 October 2007.

6.  On 1 November 2007, a DD Form 1164 was prepared by the Transportation Division at Fort Knox to a civilian moving company directing that the applicant's storage expenses be converted to the applicant's expense effective 31 October 2007 because all means to contact her had been exhausted.

7.  On 6 October 2008, the Adjutant General at Fort Knox responded to an inquiry from the applicant's Congressional representative which indicates that the applicant's NTS was allowed to expire because the moving company had sent invoices to the applicant's mother's address by certified mail since October 2007 and because she did not respond her account was changed to a commercial account in accordance with the Defense Travel Regulation.  He further explained that as of 30 September 2008 she owed $1375.00.  Additionally, she would need authorization from her husband to ship the HHG because they were stored under both names.  He advised that she pay the storage and apply to this Board.

8.  In the processing of this case a staff advisory opinion was obtained from the Office of the Deputy Chief of Staff, G-1, which opines that the applicant was authorized to convert her NTS to storage in transit (SIT); however, it appears that she was not offered the option of NTS conversion.  Officials in the G-1 recommend that she be granted a 180-day extension from 26 October 2007, the maximum period authorized.  If she incurred storage charges for her HHG storage out to 180 days from this date, the officials in the G-1 recommend she be reimbursed in full.  However, she would have to absorb any storage costs incurred beyond 180 days.  The advisory opinion was forwarded to the applicant for comment and to date she has not responded.

9.  On 31 July 2009, the applicant was honorably released from active duty and was transferred to the Retired List effective 1 August 2009.

10.  The Joint Federal Travel Regulation, section U5380d, provides that upon authorization/approval by the Service concerned, NTS at origin may be converted at the member's request to SIT, in whole or in part, if the member is authorized under an authorization/order to transportation or NTS.  The conversion is at government expense.  However, any storage costs accruing for periods in excess of 180 days are the member's financial responsibility.

DISCUSSION AND CONCLUSIONS:

1.  On the surface the applicant appears to have done everything she needed to do to keep the transportation office at Fort Knox informed of the delay in her return to the continental United States and it appears that the transportation office failed to properly document the applicant's notification/contacts.  As a result, her account was converted to a member account in which she became responsible for the costs incurred.

2.  Although the applicant has not provided any official documentation to establish the exact costs associated with her storage or evidence to show that her husband authorized the release, it is clear that the applicant is entitled to some relief in this case.

3.  Inasmuch as the property in question belongs to the applicant and her husband and both must authorize the release of such property, it would not be appropriate for the Board to direct the release of the property by the transportation office and the Board has no authority to direct a civilian company to release the property.

4.  Accordingly, the applicant's records should be corrected by amending her orders to show that she was authorized to have her NTS converted to SIT effective 26 October 2007, the date it appears she arrived at Fort Polk, for a period of 180 days.




BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x____  ___x_____  ____x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by authorizing her conversion of NTS to SIT effective 26 October 2007 for a period of 180 days.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to directing the release of her HHG.



      ____________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)                                         AR20090000714



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ABCMR Record of Proceedings (cont)                                         AR20090000714



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