BOARD DATE:	  30 September 2014

		DOCKET NUMBER:  AR20140005477 


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 an extension of his household goods (HHG) storage entitlement.

2.  The applicant states, in effect, he was reassigned to Joint Base McGuire-Dix-Lakehurst, NJ, on or around 10 August 2013.  He has been in temporary housing since 20 August 2013 without a reliable estimate of when he will be assigned to government quarters.  His current/temporary residence does not have the capacity to store his HHGs.  He was initially given the date 12 July 2013 as the estimated date he would be assigned to government quarters and this date has been frequently pushed back through no fault of his own.

3.  The applicant provides:

* Orders Number 311-606, dated 6 November 2012
* Orders Number 311-607, dated 6 November 2012
* Orders Number 042-907, dated 11 February 2013
* four letters from a government quarters leasing agent, dated 11 February 2013, 14 June 2013, and 27 December 2013
* government housing waiting list 
* two DD Forms 1857 (Temporary Commercial Storage at Government Expense), dated 13 September 2013 and 3 January 2014
* memorandum, request for storage in transit (SIT), dated 3 January 2014
* three pages of email transmissions, dated from 28 January 2013 to 
18 March 2014

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 26 July 1996 and has served through a series of reenlistments and extensions.  He serves in military occupational specialty 13B (Cannon Crewmember) and currently holds the rank/grade sergeant first class (SFC)/E-7.

2.  He provided Orders Number 311-607, issued by U.S. Army Garrison Schweinfurt, Germany, on 6 November 2012 showing he was being reassigned from Germany to Ft Dix, NJ, with a report date of no later than 10 August 2013.  These orders also authorize shipment of his HHGs and his personally owned vehicle.

3.  He provided an email transmission he sent to personnel at United Communities (Government/Private Housing leasing agents and consultants), dated 10 February 2013.  This email stated he would be departing Germany earlier than expected and he would be arriving at Fort Dix on 12 July 2013 vice 20 August 2013.

4.  He provided letters, dated 11 February 2013 and 14 June 2013.  These letters were issued by United Communities which show, as of 11 February 2013, he was placed on the waiting list for "The Annandale home" with an availability date of 12 July 2013.  The letter dated 14 June 2013 shows he was informed again that  the availability date for the "The Annandale home," a 4-bedroom home, was 
12 July 2013; however, this date was only an estimate, and the actual time he could accept the home could vary.

5.  He provided a DD Form 1857, dated 11 September 2013, which shows he had requested and been approved for temporary commercial storage at government expense.  His request was approved by the transportation officer based on the report date of 20 August 2013 listed in his orders, and he was authorized temporary storage.  However, his authorization for storage was scheduled to expire on 16 February 2014 (180 days).

6.  He provided a letter issued by United Communities on 27 December 2013.  This letter states he and his family were on a waiting list for housing and had an expected move-in date in late spring to early summer of 2014.

7.  He provided a DD Form 1857, dated 3 January 2014, which shows he requested temporary commercial storage at government expense.  However, only the applicant’s portion of the form was completed.  The transportation officer’s portion was left blank.

8.  He provided a memorandum, entitled "Statement of Facts for SIT Extension," dated 3 January 2014.

9.  In the processing of this case, an advisory opinion, dated 9 May 2014, was received from the Chief, Transportation Policy Division, Office of the Deputy Chief of Staff (ODCS), G-4, HQDA.  The advisory official recommended disapproval of the applicant's request for an extension of his HHG storage.  The official stated:

	a.  The Joint Federal Travel Regulation (JFTR) contains basic statutory regulations concerning a Uniformed Service member’s travel and transportation entitlements and is interpreted to have the force of law.  The JFTR exists primarily under the authority of Title 37, U.S. Code (USC), Section 411 and Title 37, USC, Chapter 7 and addresses circumstances which prohibit payment of certain allowances.

	b.  JFTR paragraph U5375.B.3.b. states that additional temporary storage or SIT must not be authorized/approved in situations where a member elects to occupy private sector housing too small to accommodate all of the member’s HHGs.  The maximum SIT entitlement is 180 days at Government expense as the JFTR paragraphs above prohibits an extension.

	c.  It is unfortunate that the applicant elected to continue a long wait for a Government/privatized waiting list for a 4-bedroom residence and occupy a temporary residence too small to receive his 9,740 pounds of HHG from 
20 August 2013 forward, without pursuing larger off-post housing.  The applicant is receiving basic allowance for housing (BAH) with dependents at the rate of $2,253.00 per month.

	d.  The applicant has three options:  

* pay the Government rate for SIT $14.96 per day from 2 February 2014 until his HHGs are released
* move into a larger off-post residence and release his HHG to that location
* rent a self-storage unit for less than the $448.80 Government rate per month and release his HHGs to that storage unit

10.  JFTR, paragraph U5375-B3, states extensions of SIT beyond 180 days may not be authorized/approved when a member elects to have a home built while other housing is available or when a member elects to occupy private sector housing that is too small to accommodate all of their HHGs.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant arrived at Fort Dix and moved into temporary housing too small to accommodate the acceptance of his HHGs.

2.  On 11 September 2013, even though he arrived at Fort Dix on 12 July 2013, he was granted an extension of HHG storage for 180 days (16 February 2014) based on the arrival date of 20 August 2013 listed in his orders. 

3.  The JFTR is clear in that SIT extensions beyond 180 days may not be authorized or approved if a Soldier elects to occupy private sector housing that is too small to accommodate all of their HHGs.  

4.  Based on the foregoing, there is insufficient evidence to justify 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 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)                                         AR20140005477





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ABCMR Record of Proceedings (cont)                                         AR20140005477



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