IN THE CASE OF:
BOARD DATE: 8 March 2011
DOCKET NUMBER: AR20100019989
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 a 15-month extension of his household goods (HHG) in Storage-in-Transit (SIT).
2. The applicant states that he is presently attending college as a full-time student and his property is currently in SIT at Fallon Naval Air Station, NV. He requests that his storage be extended until he finishes his 2-year program in Network Technology at the end of 2011 (December 2011).
3. The applicant provides:
* A one-page letter explaining his request
* A copy of his assignment orders and a copy of his retirement orders
* A copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty)
* A copy of enrollment information from a community college
* A copy of an article involving a motor vehicle crash
* A page from a college catalog
* Copies of two appeals to the Department of Employment, Training and Rehabilitation of the State of Nevada
* A photograph of a wrecked automobile
* A copy of a photograph of a child in the hospital
* A copy of a school referral checklist for a child
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 30 May 1986 and he remained on active duty through a series of continuous reenlistments. He was promoted to the rank/grade of sergeant first class (SFC)/E-7 on 1 January 2000.
2. On 31 August 2009, while stationed at Fort Huachuca, AZ, he was honorably retired by reason of sufficient service for retirement. He was transferred to the Retired List effective 1 September 2009. He had served 23 years, 4 months, and 21 days of total active service.
3. In the processing of this case, on 3 September 2010, a staff advisory opinion was obtained from the Chief, Transportation Policy Division, Office of the Deputy Chief of Staff, G-4, Washington, DC. The advisory official opines, in effect, that SIT is authorized in 90-day increments for 180 days. The applicant was initially provided 180 days of storage and he was subsequently provided an additional 180 days of storage at government expense which expired on 2 September 2010. Officials at the G-4 state that they are unable to authorize additional storage.
4. On the same date, the advisory opinion was provided to the applicant for information and to allow him the opportunity to submit comments or a rebuttal. The applicant did not respond.
5. A review of the available evidence failed to show that the applicant applied for an additional extension of his SIT before his previous extension expired.
6. Volume 1 (Uniformed Service Personnel) of the Joint Federal Travel regulation (JFTR) contains basic statutory regulations concerning official travel and transportation of members of the Uniformed Services. Paragraphs U5130, U5230, and U5365-F contain the policy and procedure pertaining to the shipment of HHG to a home of selection (HOS) by uniformed service personnel upon retirement. In effect, these paragraphs authorize a member travel and transportation allowances to an HOS selected by the member from his last permanent duty station (PDS) upon retirement. They state, in pertinent part, that a member on active duty is entitled to travel and transportation allowances to an HOS by the member from the last PDS upon retirement. They also establish time limitations for shipment of HHG and state, in pertinent part, that travel must be completed within 1 year from the active service termination date.
7. Volume 1 of the JFTR, paragraph U5375 contains guidance on the SIT entitlements. It provides, in pertinent part, that SIT is authorized in increments of 90 days up to 180 days. Additional storage beyond 180 days is authorized for reasons beyond the members control. In hardship cases, a time limit extension may be authorized/approved for a specific additional period of time through the Secretarial process. However, the request must be submitted and approved prior to expiration of the current entitlement.
DISCUSSION AND CONCLUSIONS:
1. The original SIT entitlements for individuals retiring is normally 90 days and the applicant has already received what amounts to three additional extensions which has resulted in his SIT entitlements being extended for 1 year.
2. There is no evidence in the available records to show that the applicant attempted to obtain an additional extension prior to the expiration of his entitlement.
3. The applicant contends that he should be granted an additional 15-month extension of his SIT in order to complete a 2-year college program; however, he has failed to show how his present situation amounts to reasons beyond his control or sufficient explanation why his situation constitutes a hardship.
4. 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 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:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States. The applicant and all Americans should be justifiably proud of his service in arms.
___________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) AR20100019989
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ABCMR Record of Proceedings (cont) AR20100019989
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