BOARD DATE:	  12 August 2014

		DOCKET NUMBER:  AR20130021566 


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 he was entitled to have his household goods (HHG) storage in transit (SIT) extended until 
20 August 2013 and that he be reimbursed the $551.46 for 13 days of storage he was required to pay after his SIT expired on 7 August 2013.

2.  The applicant states that on 2 August 2013 he requested an extension of his HHG SIT due to his retirement.  This extension was denied.  He then requested an extension of 13 days to cover time before delivery could be made by the shipper.  He received notification via email on 20 November 2013 the 
DD Form 139 (Pay Adjustment Authorization) was going to be submitted for $551.46.

3.  The applicant provides:

* DD Form 1857 (Temporary Commercial Storage at Government Expense)
* his request to Joint Personal Property Shipping Office - Northeast (JPPSO-NE), dated 2 August 2013
* his request to JPPSO-NE, dated 5 August 2013
* email, dated 23 August 2013, from JJPSO-NE
* DD Form 139, dated 20 November 2013



CONSIDERATION OF EVIDENCE:

1.  The applicant was a sergeant first class serving on active duty.  

2.  Headquarters, III Corps and Fort Hood, Fort Hood, TX Orders L007-012, dated 7 January 2013, assigned him to the 7th Sustainment Brigade, Fort Eustis, VA with a reporting date of 10 March 2013.  Based on these orders he placed his HHG in SIT, exact date unknown.  On an unknown date he was apparently granted an additional 90 days for Government SIT.  The exact circumstances and approval of his extension for SIT were not available for review.  His entitlement to Government SIT was to expire 7 August 2013.

3.  U.S. Army Support Activity, Joint Base Langley-Eustis, Fort Eustis, VA 
Orders 205-0003, dated 24 July 2013, released him from active duty and placed him on the Retired List effective 31 January 2014.

4.  On 2 August 2013, he requested an additional extension of his SIT.  He stated he was retiring and would start his transition leave in November 2013.  His spouse was in Dallas, TX for employment.  He did not have room for his HHG at his present location.

5.  In a memorandum dated 2 August 2013 to JPPSO-NE, the applicant stated he PCS'd (permanent change of station) to Fort Eustis in February 2013.  His spouse started employment in March 2013 in Dallas, TX.  He was going to retire and start transition leave in November 2013.  He had been staying in his recreational vehicle (RV) to save funds until he retired and joined his spouse in Dallas.

6.  In a memorandum, dated 5 August 2013, to JPPSO-NE, the applicant stated he had an approved retirement date of 1 February 2014.  Due to retirement he requested an extension of SIT until he could take delivery in Dallas.  If an extension cannot be granted for an additional 180 days, he requested that his SIT be extended to at least 20 August 2013, which was his delivery date, the first date available when he contacted the shipment coordinator.

7.  The applicant provided a DD Form 139, dated 20 November 2013, submitted by JPPSO Detachment 2 to the Defense Finance and Accounting Service (DFAS) to charge his pay account in the amount of $551.46.  The form indicates the applicant owed the Government for SIT charges associated HHG.  His entitlement for SIT expired on 7 August 2013.  His HHG were delivered on 
20 August 2013.  The member owed the Government for 13 days of SIT beyond entitlement.

8.  On 19 February 2014, an advisory opinion was received from the Office of the Deputy Chief of Staff (DCS), G1.  DCS, G1 recommended disapproval of the applicant's request to extend his HHG SIT entitlement beyond the 180-day period authorized.

	a.  Joint Federal Travel Regulation U5375-B authorized 90 days SIT for any PCS HHG transportation move.  A second 90-day period of SIT may be approved when conditions beyond the member’s control prevent HHG being delivered to the member's new residence during the first 90-period.  Additional periods of SIT beyond 180 days can be authorized/approved for specific reasons.

	b.  DCS, G1 stated the applicant's situation did not meet any of the parameters listed to approve continued Government SIT beyond the 180-day period.

9.  The applicant was provided a copy of the DCS, G1 opinion and an opportunity to submit comments or rebuttal.  However, he provided no response.

10.  Volume 1 (Uniformed Service Personnel) of the Joint Federal Travel Regulation (JFTR), in effect at the time, contained basic statutory regulations concerning official travel and transportation of members of the uniformed services.  Paragraph U5375 (STORAGE IN TRANSIT (SIT)) provided the following:

	a.  U5375-A stated SIT was part of HHG transportation.   SIT was cumulative and could accrue at any combination of origin, transit, and destination.  SIT could be authorized/approved in the nearest available storage facility.  The actual SIT period governed, regardless of commercial billing practices.  HHG SIT could not begin before the date the HHG were released to a transportation service provider or the Government for transportation.

	b.  U5375-B1 stated a member was authorized 90 days SIT for any authorized HHG transportation.  If HHG were not removed from SIT before the first 90-day period expiration, storage charges accruing thereafter were the member's responsibility unless additional SIT was authorized/approved under paragraphs U5375-B2 and U5375-B3.  

	c.  U5375-B2 stated when, because of conditions beyond the member's control, the HHG in SIT at Government expense could not be withdrawn during the first 90 days, a Service-designated official could authorize/approve SIT for not more than an additional 90 days.  A statement of all the facts from the member must accompany an authorization/approval request for such additional 

SIT.  Among the reasons that additional SIT could be authorized/approved are:

* Serious illness of the member
* Serious illness or death of a dependent
* Impending assignment to Government/Government-controlled quarters 	or privatized housing
* Directed TDY after arrival at PDS
* Non-availability of suitable civilian housing
* Awaiting completion of residence under construction
* Acts of God

	d.  U5375-B3 stated when, because of conditions beyond the member's control, the HHG in SIT at Government expense could not be withdrawn during the time limit in paragraphs U5375-B1 and U5375-B2, a Service designated official could authorize/approve additional SIT.  This authority to extend the SIT time limit applies only to a member on temporary duty or deployed for a period in excess of 90 days or for an indefinite period.  The Secretarial process may authorize/approve SIT beyond the 180-day time limitation prescribed in paragraph U5375-B2, when, for reasons deemed appropriate by the Service concerned which are beyond the member's control, the member is unable to take possession of the HHG within the 180-day time limitation.  U5375-B3b stated additional SIT must not be authorized/approved in situations in which a member elected to occupy private sector housing too small to accommodate all of the member's HHG.

DISCUSSION AND CONCLUSIONS:

1.  The approval for his additional 90-day SIT that was authorized is not available for review.

2.  DCS, G1 recommended denial of the applicant's request because he did not meet the parameters listed in JFTR U5375-B to approve continued Government SIT beyond the 180-day period.  

3.  The applicant stated he was living in his RV to save funds for his retirement and did not have room for his HHG at his present location.  JFTR 5375-B3b specifically prohibits approval of additional SIT when an individual elects to occupy private housing too small to accommodate all of his HHG.

4.  In view of the above, there is no basis to approve 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 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)                                         AR20120003397



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ABCMR Record of Proceedings (cont)                                         AR20130021566



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