IN THE CASE OF: 

		BOARD DATE:	    11 June 2014

		DOCKET NUMBER:  AR20140005118 


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 extension of her household goods (HHG) storage in transit (SIT) termination date.

2.  The applicant states the reason for her request for extension of the HHG SIT termination date was due to medical reasons.  Her request was not properly presented to the Army G-1 and Army G-4, and the denial was based on her not finding suitable housing.  In her 4-page self-authored statement, the applicant lists 28 events/items that are summarized, as follows:

* she divorced in April 2013
* after disclosing that she had been sexually assaulted and then reporting a sexual assault on her 8-year-old son, she was assigned to the Community Based Warrior Transition Unit-Massachusetts (CBWTU-MA)
* the reassignment was to continue medical treatment at a medical treatment facility (MTF) with duty at home for rehabilitation
* the Army failed to provide the support required by Army regulations governing sexual harassment and the Army family covenant
* she suffered discrimination and there was retaliation against her
* on 6 September 2013, she requested an extension of her HHG SIT, but failed to check the correct blocks on the form
* housing was not available on Fort Hamilton, NY
* she has a credit score of 750
* she worked with a real estate broker to find a home in the New York City area, but was unsuccessful in obtaining a house
* the broker robbed her of her money and a court case is pending
* she was homeless for 2 months before securing housing
* on 4 December 2013, a medical board found her physically unfit for duty
* on 21 February 2014, she requested an extension of her HHG SIT based on medical reasons, her command supported the request; it was denied
* the reasons the Army should continue to pay for storage of her HHG are –

* the delay in her medical care
* the delay in her reassignment; she had 2 weeks to move
* she went on temporary duty after arriving at her new unit
* serious illness of a family member (rape of her child)
* serious illness of the member (medical board processing)
* non-availability of suitable civilian housing
* continued command harassment and pressure to find housing

* the Army G4 indicated that she receives Basic Allowance for Housing (BAH) in the amount of $3,864.00; she states that:

* any pay or benefits she receives are for rehabilitation purposes and are not working wages
* New York City is a very expensive place to live; housing isn't cheap
* the events that occurred were not within her control, particularly what has happened to her and her child

* the Army G1 indicated she leases a 1-bedroom apartment; she states that she leases a 3-room bedroom apartment
* the Army G-1 acknowledged the mistake and questioned why she leased a place that was too small; she states that:

* she could not get medical care without an address, so she had to accept some type of housing
* she and her son were without medical care for 3 months
* her son was out of school for 2 months

* she requests extension of her HHG SIT at government expense until her Physical Evaluation Board (PEB) process is completed

3.  The applicant provides 15 attachments that include copies of:

* a memorandum to the Personal Property Shipping Office (PPSO)
* commander and supervisor letters
* reassignment orders
* request for medical documentation
* DA Form 199 (PEB Proceedings) - 1 page
* Small Claims Notice
* two DD Forms 1857 (Temporary Commercial Storage at Government Expense)
* PPSO memorandum to the applicant
* Wounded Warrior Rehabilitation memorandum
* extract of HHG SIT regulation
* email messages

CONSIDERATION OF EVIDENCE:

1.  The applicant had prior honorable enlisted service in the Regular Army from
4 October 1989 through 22 August 1994.  She enlisted in the U.S. Army Reserve as a Reserve Officers' Training Corps cadet on 15 September 1997.

2.  The applicant was discharged as an enlisted Soldier and appointed as a Reserve commissioned officer, on 8 May 1999, in the rank of second lieutenant in the Medical Service Corps.  She was promoted to captain on 1 February 2003.

3.  On 13 February 2012, the applicant accepted Selective Continuation and voluntary retirement to be effective no later than her Mandatory Retirement Date of 31 October 2014.

4.  On 4 December 2013, an informal PEB reviewed the applicant's Medical Evaluation Board proceedings, along with her medical records, and found her physically unfit due to post-traumatic stress disorder with major depressive disorder.  The PEB recommended a rating of 100% and placement of the applicant on the Temporary Disability Retired List with reexamination during October 2014.

5.  On 7 April 2014, in response to a request from the applicant's counsel, the President, U.S. Army PEB, Arlington, VA, notified the applicant's MTF that her PEB proceedings were administratively terminated.  He noted that the Deputy Director of Clinical Services approved the applicant's case for recall in order to provide her additional medical services not to extend beyond 180 days.

6.  In support of her application, the applicant provides the following documents:

   a.	Memorandum to the PPSO, Fort Hamilton, NY, dated 21 February 2014, that shows the applicant requested extension of her HHG SIT (with an expiration date of 3 March 2014) based on medical necessity, financial hardship, and inadequate availability of housing.  She also stated that her PEB process was unresolved.
   b.  Two memoranda from the commanding officer and a noncommissioned officer (NCO) in her unit, dated 4 March 2014 and 11 February 2014, respectively, submitted in support of her request for extension of HHG SIT.

   c.  Warrior Transition Unit (WTU), Fort Eustis, VA, Orders 218-02, dated 
6 August 2013, that reassigned the applicant from Company A, Warriors, Fort Eustis ,VA to Headquarters, Warrior Transition Battalion (HQ, WTB), Fort Dix, NJ with attachment to CBWTU-MA, Concord, MA and duty at her home of record (HOR) in Brooklyn, NY, reporting 8 September 2013 (early report authorized).  The orders also show she was authorized travel of dependents and shipment of HHG to the permanent duty station.

   d.  Memorandum addressed "Thru" the Commander, CBWTU-MA (with no "To" addressee), dated 9 September 2013, that shows the applicant's Nurse Case Manager indicated the applicant is a member of the CBWTU program whose purpose is to return Soldiers home with their families and continue to receive medical care.  The nurse requested the submission of current medical documentation because it "drives the course of action chosen for the Soldier."
   
   e.  Memorandum from the Patient Administration NCO to the local Social Security Office, dated 9 September 2013, that shows the applicant is a Wounded Warrior under the care of the CBWTU-MA and that "any pay and/or benefits that are provided are for rehabilitation purposes and are not working wages."

   f.  An email message "From" and "To" the same email address [presumably the email address of the applicant], dated 14 November 2013, that shows an NCO from the WTU, Fort Eustis, VA, contacted her and requested her home address because it was believed she was living in a hotel.  The message shows she provided the NCO with information and instructions to contact her current command team.  The message concludes, "This is another example of the 
on-going harassment and additional stressors which affect my healing."

   g.  Brooklyn Mediation Center, Brooklyn, NY, Small Claims Court Mediation Program, Kings County, Medication Reminder Notice, dated 27 February 2014, that shows the applicant as plaintiff and Cassandra H------ as defendant, and that the mediation process was scheduled for 19 March 2014.

   h.  DD Form 1857 that shows additional temporary storage of HHG was requested due to non-availability of suitable civilian housing.  The form references Orders 218-02, dated 6 "September" 2013, and shows the Supervisor, PPSO, Fort Hamilton, NY, approved the extension on 7 March 2014 with a storage expiration date of 17 March 2014.

   i.  PPSO, U.S. Army Garrison, Brooklyn, NY, memorandum, dated 7 March 2014, that shows the PPSO Manager notified the applicant that her:

* HHG were placed in SIT on 4 September 2013
* extension of HHG TIS will expire on 17 March 2014
* her request for an extension beyond 180 days was denied

   j.  DD Form 1857 that shows additional temporary storage of HHG was requested due to "serious illness of the member" and "serious illness or death of a dependent."  It also shows the applicant signed the form on 17 March 2014 and wrote in the header of the form the note, "Should Have Been Submitted."

   k.  Email messages from 7 March to 10 March 2014, between the applicant's local PPSO and Army G-4 (Mr. Gene A. T-----), subject:  Personal Property Shipment [for applicant], that show the applicant was residing in an apartment in Brooklyn, NY and drawing BAH.  Mr. T----- advised that the Government does not pay BAH and temporary storage beyond 180 days, and the applicant's HHG TIS will not be extended beyond 17 March 2014.  Commercial storage information was also offered and the information was forwarded to the applicant.  She indicated that she wanted to appeal the Army G-4 decision and was informed she could appeal to the Army G-1.

   l.  Email messages from 12 March to 14 March 2014, between the applicant and Army G-1 (Mr. Victor B----), subject:  Appeal of Personal Property Shipment [for applicant], that show Mr. B---- reviewed the previous email chain and concurred with the Army G-4 decision to deny continued HHG storage.  It shows that Mr. B---- incorrectly stated the applicant leased a one (vice three) bedroom apartment.  He added that it is "unfortunate, but it is a problem the Soldier caused."

    	(1)  The applicant advised Mr. B---- that she had leased a three-bedroom apartment.

    	(2)  Mr. B---- responded by asking "if that is the case, then why does your HHG not fit in the residence?"

    	(3)  He affirmed the previous decision and advised the applicant that she could appeal to the Army Board for Correction of Military Records (ABCMR).

7.  The Joint Federal Travel Regulations (JFTR), Volume 1, Uniformed Service Members, Chapter 5 (Permanent Duty Travel), Part D (HHG Transportation and Storage), section 10, governs SIT and shows it is part of HHG transportation, cumulative, and may accrue at any combination of origin, transit, and destination.
   a.  A member is authorized 90 days' SIT for any authorized HHG transportation.  If HHGs are not removed from SIT before the first 90-day period expiration, storage charges accruing thereafter are the member's responsibility unless additional SIT is authorized/approved.

   b.  When, because of conditions beyond the member's control, the HHG in SIT at Government expense cannot be withdrawn during the first 90 days, a Service-designated official may authorize/approve SIT for not more than an additional 90 days.  A statement of the facts from the member must accompany an authorization/approval request for such additional SIT.  Among the reasons that additional SIT may be authorized/approved are, in pertinent part:

* serious illness of the member
* serious illness or death of a dependent
* non-availability of suitable civilian housing

   c.  The Secretarial Process may authorize/approve SIT beyond the 180-day time limitation prescribed, 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends her HHG SIT termination date of 17 March 2014 should be extended at government expense until her PEB process is completed because her initial request was based on non-availability of suitable civilian housing, but it should have been based on serious illness of the member and serious illness of a dependent.

2.  Records show the applicant was issued orders on 6 August 2013 that reassigned her to HQ WTB, Fort Dix, NJ with attachment to CBWTU-MA and duty at her HOR in Brooklyn, NY, reporting 8 September 2013.

3.  The evidence of record shows the applicant leased a three-bedroom apartment in Brooklyn, NY, in early 2014, and she is residing in the apartment.

4.  Additional SIT may be authorized/approved for, in pertinent part, serious illness of the member, serious illness or death of a dependent, or non-availability of suitable civilian housing.  The applicant was authorized 90-day SIT and granted a 90-day extension until 17 March 2014.

5.  Despite the reason entered on her request for additional temporary storage, the applicant was granted the maximum (180-day) time limitation authorized under the governing regulation.  Thus, it appears the alleged error regarding the reason(s) for authorizing HHG SIT was harmless in the applicant's case.

6.  The applicant's request for extension of additional temporary storage (beyond 180 days) was denied by the Army G-4 and the decision was affirmed by the Army G-1.

7.  After a careful review of the evidence of record, there does not appear to be an error in this case with respect to the maximum time limitation she was authorized HHG SIT.  Moreover, the applicant recently voluntarily requested that her PEB proceedings be administratively terminated.  Thus, there is no reason for granting the request on the basis of equity or as a matter of justice.

8.  Therefore, in view of the evidence and information presented by the applicant, together with the evidence of record, 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)                                         AR20140005118



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140005118



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1