IN THE CASE OF:	   

		BOARD DATE:	  13 August 2013

		DOCKET NUMBER:  AR20130001630 


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 correction of his records to show approval for an extension of the time limitation authorized for his personal property move (PPM) at government expense.

2.  The applicant states he had some family crises which led to his depression and subsequent loss of rank prior to his discharge from the Army in July 2011.  Before then he maintained a good military record as evidenced by his awards and decorations.  He was discharged from the military by reason of misconduct; his discharge was neither without problem nor was it intentional.  This problem further led to his depression.  He could not move his property or household goods (HHG) at the time of his discharge due to homelessness and family crises. 
Now that he has a storage facility to keep his property, the Fort Bragg transportation office denied his request to transport his HHG at government expense.

3.  The applicant provides: 

* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* DA Form 2166-8 (Noncommissioned Officer (NCO) Evaluation Report (NCOER))
* self-authored memorandum for the separation authority requesting an honorable discharge
* Muscogee County Sheriffs' Department Jail Division Personal Property Inventory Sheet (Arrestee)
* promotion and award certificates
* 
Staten Island University Hospital-North medical statement for depression
* Staten Island University Hospital-North Emergency Department hospital discharge instructions

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the Regular Army in the rank/grade of specialist/E-4 on 25 September 2006.  He listed his home of record as Brooklyn, NY.  He held military occupational specialties 92A (Automated Logistical Specialist) and 56M (Chaplain Assistant).

2.  He reenlisted in the Regular Army on 30 November 2007 and on 23 February 2010.  He was promoted to the rank/grade of sergeant/E-5 on 1 May 2009.  He served in Kuwait/Iraq from February 2007 to April 2008 and in Afghanistan from April to August 2010.

3.  He was awarded or authorized the Army Commendation Medal, Army Achievement Medal (3rd Award), Army Good Conduct Medal, National Defense Service Medal, Afghanistan Campaign Medal with two bronze service stars, Global War on Terrorism Service Medal, Humanitarian Service Medal, Iraq Campaign Medal with one bronze service star, NCO Professional Development Ribbon, Army Service Ribbon, Overseas Service Ribbon, North Atlantic Treaty Organization Medal, and Parachutist Badge.

4.  On 10 December 2010, he was reported as absent without leave (AWOL) from his unit at Fort Bragg, NC.  On 12 January 2011, he was dropped from the Army rolls as a deserter.

5.  On 18 January 2011, his command preferred court-martial charges against him for one specification of absenting himself from his unit from on or about 10 December 2010 to an unspecified date.

6.  He returned to military control on or about 28 March 2011.

7.  On 6 May 2011, he accepted nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice for being AWOL from 10 December 2010 to 28 March 2011.

8.  On 24 May 2011, the applicant's immediate commander notified him of his intent to initiate separation action against him for misconduct – commission of a serious offense (AWOL from 10 December 2010 to 28 March 2011) – under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 14.  His immediate commander recommended a general discharge.

9.  On 24 May 2011, the applicant acknowledged receipt of the commander's intent to separate him.  He consulted with legal counsel and was advised of the basis for the contemplated separation for misconduct, the type of discharge he could receive and its effect on further enlistment or reenlistment, the possible effects of this discharge, and the procedures and rights available to him.

10.  Subsequent to this acknowledgement, the applicant's immediate commander initiated separation action against him for misconduct in accordance with Army Regulation 635-200, chapter 14.  His immediate commander recommended a general discharge under honorable conditions.  His intermediate commander recommended approval of the discharge action with the issuance of a discharge under other than honorable conditions.

11.  On 8 June 2011, the separation authority approved the applicant's discharge under the provisions of Army Regulation 635-200, chapter 14, by reason of misconduct – commission of a serious offense – and directed the issuance of an Honorable Discharge Certificate.  On 1 July 2011, the applicant was accordingly discharged.

12.  His DD Form 214 shows he was honorably discharged on 1 July 2011 by reason of misconduct – commission of a serious offense.  He completed 4 years, 5 months, and 19 days of creditable active service.

13.  He provides:

	a.  his NCOER for the rating period 1 May 2009 through 10 December 2009 that shows he received "Excellence" and "Success" ratings from his rater and "Successful" and "Superior" ratings from his senior rater;

	b.  a self-authored memorandum for the separation authority requesting an honorable discharge.  He attributed his problems to his father's death, his mother's abandonment, deployments, and extreme family problems that caused him stress;

	c.  a Muscogee County Sheriffs' Department Jail Division Personal Property Inventory Sheet (Arrestee), dated 25 May 2012, showing an inventory of his personal items in conjunction with his civilian arrest;

	d.  an undated medical statement from the Staten Island University Hospital-North that states he was determined to be suffering from depression; and

	e.  undated Staten Island University Hospital-North Emergency Department hospital discharge instructions that show he was treated at the emergency department.

14.  An advisory opinion was obtained from the Department of the Army Office of the Deputy Chief of Staff, G-1, dated 8 March 2013, in the processing of this case.  The official stated:

	a.  In accordance with Joint Federal Travel Regulation (JFTR), paragraph U5360G (Time Limit), the authority for HHG transportation terminates on the 181st day following separation from the service or relief from active duty unless a written application for HHG transportation is turned in to a transportation office or designated representative before the 181st day.

	b.  When the HHG transportation application is made within 180 days, HHG must be turned over for transportation as soon as practicable after submission.  The transportation officer or designated representative determines practicability based on the facts and circumstances in each case.  In hardship cases, a time limit extension may be authorized/approved for a specific additional period of time through the Secretarial process.

	c.  The applicant's orders show a separation date of 1 July 2011.  His transportation entitlement ended on 1 January 2012.  He did not request an extension of his transportation entitlement prior to 1 January 2012.  A personally procured move or government-arranged move of his personal property at government expense from Fayetteville, NC, to his home of record in New York needed to take place before 1 January 2012.  His request, dated 2 October 2012, is clearly 9 months after the fact and could not be approved by Headquarters, Department of the Army.

15.  He was provided with a copy of this advisory opinion on 13 March 2013, but he never responded.

16.  Volume 1 (Uniformed Service Personnel) of the JFTR contains basic statutory regulations concerning official travel and transportation of members of the Uniformed Services.

	a.  Paragraph 5360-A (General) states a member on active duty who is separated from the service or is relieved from active duty under paragraph U5125 conditions is authorized HHG transportation to the location the member elects from the last or any previous permanent duty station (PDS), a designated place, or an authorized place of storage.  The member may elect to ship between any locations other than the authorized places if the member assumes financial responsibility for costs in excess of transportation of the member's maximum permanent change of station HHG weight allowance from the authorized origin to the place the member elects.

	b.  Paragraph 5360-B (Storage) states a member who is authorized HHG transportation under paragraph U5360-A, U5360-F, or U5360-H is authorized non-temporary storage (NTS).  The authority begins on the date the orders are issued and terminates at the expiration of the 180th day from active duty termination date.

	c.  Paragraph 5360-C (Separation or Relief from Active Duty to Continue in the Service) states a member who is separated or relieved from active duty to continue on active duty in a Uniformed Service is authorized HHG transportation or NTS only if the member is transferred on a permanent change of station in conjunction with reentry into or continuance in the service.

	d.  Paragraph 5360-D (Separation or Relief from Active Duty upon Expiration of Enlistment or Prescribed Term of Service) states a member who is separated or relieved from active duty due to expiration of enlistment or prescribed term of service and who, on the following day, reenters the service at the station at which separated or relieved with no change of PDS is not authorized HHG transportation or NTS.

	e.  Paragraph 5360-G states authority for HHG transportation terminates on the 181st day following separation from the service or relief from active duty unless a written application for HHG transportation is turned in to a transportation officer or a designated representative before the expiration of the 180th day.  When an HHG transportation application is made within 180 days, HHG must be turned over for transportation as soon as practicable after the submission.  The transportation officer or designated representative determines "practicability" based on the facts and circumstances in each case.  In hardship cases, a time limit extension may be authorized and/or approved for a specific additional period of time through the Secretarial Process.  A time limit extension for transportation in no way extends the government's obligation for storage costs for longer than the period authorized/approved.  HHG in NTS belonging to a member for whom the 180-day time limit for transportation has been extended may be continued in NTS with the government acting as the member's agent for the extension period, provided that continued storage is authorized/approved through the Secretarial Process and the member agrees to pay all costs for NTS for any period in excess of the authorized (not to exceed 180 days) storage period.  Following the NTS expiration, the HHG must be transported as soon as possible to the final destination.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was discharged for misconduct for commission of a serious offense on 1 July 2011.  His transportation entitlement ended on 1 January 2012. 
There is no evidence in his records and he provides none to show he requested an extension of his transportation entitlement prior to 1 January 2012.

2.  A PPM or government-arranged move of his personal property at government expense from Fayetteville, NC, to his home of record in Brooklyn, NY, needed to take place before 1 January 2012.  His request, dated 2 October 2012, is clearly 9 months after the fact and could not be approved by Headquarters, Department of the Army.

3.  The hardships he described (death, abandonment, deployment, and depression) are noted.  They were considered by the separation authority and appear to be the reason he received an honorable discharge.  Nevertheless, the separation action against him began in March 2011 and he was not discharged until 1 July 2011.  It appears that  he had plenty of time to facilitate or arrange his HHG move.

4.  After a comprehensive review of all the facts in this case, the applicant did not provide sufficient evidence or a convincing argument to support his contention.  Therefore, there is no basis for granting his request.

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 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)                                         AR20130001630



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ABCMR Record of Proceedings (cont)                                         AR20130001630



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