IN THE CASE OF:	  

		BOARD DATE:	    13 August 2013

		DOCKET NUMBER:  AR20120023002 


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, an exception to policy for storage of his household goods (HHG) at the Government's expense. 

2.  The applicant states:

* the Government will only cover 180 days of storage and an extension will not be granted due to his election to build a home
* he had orders for the period 1 March 2012 to 28 February 2015 to report to Clemson University Army Reserve Officers' Training Corp
* his supervisor arranged for him to stay in his old job in Columbia until May 2012
* he had one weekend to move his goods in a do-it-yourself move to an apartment prior to the start of his job at Clemson in May 2012
* his family stayed in their home in Columbia
* their home in Columbia finally sold with a loss of over $60,000
* he did not have the money for a down payment and his only option was to build
* he found a lot; however, the percolation test found the land unbuildable and his purchase contract fell through
* he was told a week later that he may not be staying at Clemson, leaving him and his family stuck living in a small apartment with only summer clothing for his children
* after several weeks, he was finally told he would be staying at Clemson for the duration of his orders
* he found new land to build on in three days and had a contract and closing date set
* he started building in less than a month and was told his house would be completed in 4 months
* he believes he has been jerked around and does not enjoy living in a tiny apartment with his family of four with enough clothing to last only weeks for over 6 months
* he read the applicable regulations and realized that he is stuck and will pay the Government rate for the remaining few months until he moves into his new home
* his only option is to accept the Government storage rate of $28.96 per month [day] until his new residence is complete and then reimburse the total amount
* he submits his appeal for reasons deemed appropriate by the Service concerned which are beyond the member's control
* he would be appreciative if an exception to policy could be offered

3.  The applicant provides a letter, dated 3 December 2012, from the Chief, Personal Property, Headquarters, U.S. Army Training Center and Fort Jackson, Fort Jackson, South Carolina.

CONSIDERATION OF EVIDENCE:

1.  On 17 December 1998, the applicant was appointed a second lieutenant in the U.S. Army Reserve in the area of concentration 15B (General Aviation).  On 2 December 2010, he was promoted to major.

2.  Orders Number 054-866, issued by the State of South Carolina Military Department, Office of the Adjutant General, Columbia, South Carolina, dated 1 March 2012, show the applicant was ordered to full-time National Guard duty with a reporting date of 1 March 2012 to Clemson University, Clemson, South Carolina, for a 3-year period, 1 March 2012 to 28 February 2015.

3.  On 8 March 2013, an advisory opinion was provided by the Chief, Transportation Policy Division, Office of the Deputy Chief of Staff, G-4, Washington, District of Columbia.  The advisory official stated:

	a.  The Joint Federal Travel Regulation (JFTR), paragraph U5375.B.3.b, states additional temporary storage or storage in transit (SIT) may not be authorized/approved when a member elects to have a home built while other housing is available.  Additional SIT must not be authorized/approved in situations in which a member elects to occupy private sector housing too small to accommodate all of the member's HHG.  The maximum SIT entitlement is 180 days at Government expense.

	b.  It is unfortunate that the land and new home purchase did not work out within 6 months, but this [the applicant's situation] falls into member's convenience and not in the Government's best interest, as it is an increase to the Army G-1 Permanent Change of Station account, without an entitlement.  The applicant is drawing basic allowance for housing with dependents in the amount of $1,722.

	c.  The applicant had two choices:  (1) pay the Government rate of $28 per day until released in April 2013 or beyond, (2) rent a self-storage unit in the vicinity of the new residence and schedule direct delivery there prior to 11 December 2012.

4.  On 11 March 2012, a copy of the advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comment or a rebuttal.  He did not respond within the requested timeframe.

5.  The applicant provides a letter, dated 3 December 2012, from the Chief, Personal Property, Headquarters, U.S. Army Training Center and Fort Jackson, Fort Jackson, South Carolina, which outlined the storage options available to him.  The letter also advised the applicant the cost for storage at the Government's expense would be $28.96 per day.

6.  The JTFR contains basic statutory regulations concerning a uniformed service member's travel and transportation entitlement and interpreted to have the force and effect of law.  The JFTR exist primary under the authority of Title 37, United States Code (U.S.C.), section 411 and Title 37, U.S.C., chapter 7, and addresses circumstances which prohibit payment of certain allowances.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for an exception to policy for storage of his HHG at the Government's expense was carefully considered.

2.  Although there was a delay in the applicant's reassignment, his housing election was a matter of his choosing.  The JFTR clearly states additional temporary storage is not authorized when a member elects to have a home built while other housing is available.

3.  In view of the foregoing, there is no basis for granting the applicant's requested relief.
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)                                         AR20120023002



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ABCMR Record of Proceedings (cont)                                         AR20120023002



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