IN THE CASE OF:	  

		BOARD DATE:	  6 November 2014

		DOCKET NUMBER:  AR20140002823 


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 military records to show he was authorized an extension of non-temporary storage (NTS) of his household goods (HHG) at government expense (in effect, remission of his NTS debt).

2.  The applicant states:

	a.  He was denied a hardship reinstatement of an expired transportation shipping entitlement/storage of HHG.

	b.  The compensation and entitlements section would like to reinstate the expired transportation shipping entitlement/storage of HHG based on his hardship request but does not have the authority to do so.

	c.  He is currently serving on active duty overseas with authorization for storage.

3.  The applicant provides:

* Regular Army discharge orders, dated 29 December 2009
* DD Form 1164 (Service Order for Personal Property)
* U.S. Army Reserve (USAR) active duty orders
* request for transportation entitlement exception
* request for waiver of NTS fees
* DD Form 1299 (Application for Shipment and/or Storage of Personal Property)

CONSIDERATION OF EVIDENCE:

1.  Having prior commissioned service in the U.S. Naval Reserve, the applicant was appointed as a captain in the USAR and Judge Advocate General’s Corps and ordered to active duty on 1 June 2004.  He was promoted to major effective 6 December 2005.

2.  He was honorably discharged on 31 May 2010.  His discharge orders state he was authorized movement of his HHG at government expense up to 180 days subsequent to his expiration of term of service (ETS) date.

3.  On 1 June 2010, he was appointed as a major in the USAR.

4.  He provided a copy of, undated, email correspondence from a transportation freight rate specialist who states his NTS lots authorization expired on 30 November 2010 and he did not have any entitlement to move his shipments.

5.  He provided a memorandum from the Joint Personal Property Shipping Office, Fort Belvoir, VA, dated 22 January 2013, subject:  Transportation Entitlement Exception, which states:

* the applicant is requesting a hardship waiver of his NTS fees totaling $1,635.20
* he states he did not know he only had 6 months of storage
* he did not request delivery until 9 May 2013
* he was then told he only had 6 months of storage
* he separated on 31 May 2010
* his orders clearly state he had 6 months for the government to move him and his dependents
* the vouchers chief denied the applicant's request at his level

6.  On 28 May 2013, he submitted a request for waiver of NTS fees based on hardship.  He stated he contacted NTS to arrange for delivery of his HHG and was told he would have to pay over $1,300.00 in storage fees before his HHG would be released.  He stated he could not afford the storage fee.

7.  He was promoted to lieutenant colonel effective 30 September 2013.  He is currently serving on active duty deployment orders in support of Operation Enduring Freedom.

8.  A staff advisory opinion was obtained from the Chief, Transportation Policy Division, Office of the Deputy Chief of Staff, G-4, Headquarters, Department of the Army, in the processing of this case.  The advisory official states:

	a.  In accordance with the Joint Federal Travel Regulation (JFTR), paragraph U5360-G (Time Limit), the authority for HHG transportation terminates on the 181st day following separation from the service or relief from active duty unless the Soldier turns in a written application for HHG transportation to a transportation officer or a designated representative before expiration of the 180th day.  When an HHG transportation application occurs 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 for a specific additional period through the Secretarial process if the Solder submitted an extension on time, which is not applicable in this case.  A time limit extension for transportation in no way extends the government's obligation for storage costs longer than the period authorized/approved under JFTR, paragraph U5360-B, for NTS or 180 days.

	b.  The applicant's separation orders additional instructions clearly state:  "c.  You are authorized movement of your dependents and household goods at government expense up to 180 days subsequent to your ETS/ESA [expiration of service agreement] date."  All installation separation/transition briefings discuss transportation benefits and installation clearance forms and require a visit to the transportation office as a mandatory stop which offer both the opportunity to ask questions if not clear or understood regarding a Soldier's requirement to submit extension requests to a transportation office and the maximum duration.

	c.  The applicant shipped 1,410 pounds of HHG from a Petersburg, VA, storage facility to his home of record address in Hartford, CT, on 1 June 2011.  In 2009, he previously shipped HHG and unaccompanied baggage from Germany to Arlington, VA, for a total of 4,599 pounds.  The transportation office converted his 2,880 pounds of HHG in NTS at Bekins A-1 Movers, Inc., Woodbridge, VA, to commercial (or the applicant's expense) at the rate of $86.40 per month on 30 November 2010.

	d.  The applicant is authorized a local delivery of his HHG from NTS to the Washington, DC, area at government expense provided he is current with all storage charges owed to Bekins A-1 Movers.

9.  On 22 May 2014, 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.



10.  On 28 October 2014, the advisory official's office confirmed the applicant is authorized a local delivery of his HHG from NTS to the Washington, DC, area at government expense and has a storage debt to the commercial vendor (Bekins A-1 Movers).

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant separated from active duty on 31 May 2010 and his discharge orders indicate he was authorized movement of his HHG at government expense up to 180 days subsequent to his ETS date.

2.  The governing regulation states the authority for HHG transportation terminates on the 181st day following separation from the service or relief from active duty unless the Soldier submits a written application for extension of HHG transportation to a transportation officer or a designated representative before the expiration of the 180th day.  He did not submit a written application for extension of HHG transportation within the given time frame.  As a result, he incurred a storage debt for NTS fees.

3.  He is duly authorized a local delivery of his HHG from NTS to the Washington, DC, area at government expense if all commercial storage charges are paid.

4.  He hasn't demonstrated any hardship or circumstances beyond his control.  Therefore, there is insufficient evidence on which to base granting the 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 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)                                         AR20140002823



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ABCMR Record of Proceedings (cont)                                         AR20140002823



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