BOARD DATE:	  20 August 2015

		DOCKET NUMBER:  AR20150003645 


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 reversal of the decision by the Army G-4 to deny him payment of storage in transit costs in conjunction with non-temporary storage of his household goods (HHG). 

2.  The applicant states: 

	a.  The Army G-4 disapproved his request for an exception to policy for storage-in-transit for his non-temporary storage of HHG.  He was informed he would be responsible for paying $295.89 for HHG storage from 9 to 23 December 2014.  His net weight was 9,863 pounds and the period was 15 days from 9 to 23 December 2014.  (Calculation: net weight 9,863 x $0.20 (each additional day) x 15 (9 to 23 December 2014 = chargeable storage-in-transit days) = 98.63 x 0.20 x 15 = $ 295.89.)   

	b.  At no time when he talked to the Transportation Office at Fort Bragg, NC, did they tell him that he would be required to pay for storage of non-temporary storage goods if his HHG arrived and he was not ready to receive his HHG when contacted by the Government contracted moving company.  He spoke to the Transportation Office at Fort Bragg and specifically told them the address he provided was for temporary housing and that he had not received the address of his permanent residence.  If he had been told by the Transportation Office that he would have to pay to store his non-temporary storage goods, he would not have proceeded.  Additionally, he called the movers on 17 December 2014 and the earliest they could set up his move-in date was 23 December 2014. 

3.  The applicant provides:

* Army policy for storage-in-transit in conjunction with non-temporary storage releases 
* email from the applicant
* DD Form 6191-1 (Statement of Accessorial Service Performed (Storage-In-Transit Delivery and Reweigh))

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a Reserve commissioned officer of the Army with concurrent call to active duty on 12 May 2006.  He completed the Field Artillery Basic Officer Leader Course. 

2.  He served in a variety of stateside or overseas assignments and he was promoted to captain on 1 June 2009. 

3.  On 13 November 2013, the U.S. Army Installation Management Command, Fort Bragg, NC, published the applicant’s permanent change of station (PCS) orders to proceed to Germany with a report date of 15 March 2014. 

4.  According to the Joint Federal Travel Regulation (JFTR) storage in transit is short-term storage that is part of HHG transportation.  It may be at any combination of the origin, in transit, or destination.  It is usually for 90 or fewer days, but may be extended.  It is covered by JFTR, paragraph U5375 and Joint Travel Regulation (JTR), paragraph C5190.  It is also referred to as temporary storage.  Temporary storage includes necessary packing, crating unpacking, uncrating, transportation to and from place of storage, storage and other directly related necessary services.

5.  An advisory opinion was received from the Army G-4 on 20 May 2015 in the processing of this case.  

	a.  The Army G-4 sent the written Army policy on storage in transit in conjunction with non-temporary storage releases out to all DOD transportation offices.  

	b.  The applicant changed his overseas tour from unaccompanied to accompanied and was counseled by the Stuttgart Transportation Office on the requirement to provide a delivery address before a non-temporary storage lot could be released by the Fort Bragg Transportation Office.  The applicant completed an application for shipment on 2 October 2014 with a bachelor officer quarters (BOQ) delivery address, which could not accommodate a HHG shipment of 9,863 pounds.  

	c.  The Fort Bragg Transportation Office released the non-temporary storage lot on 8 October 2014 and the Government bill of lading states: "SIT [storage in transit] not authorized, Direct Delivery Authorized."  The shipment arrived and was offered to the applicant by the moving company for delivery on 28 November 2014.  The applicant could not accept delivery to his BOQ; however, he was also on leave in the U.S. until 8 December 2014.  He did not accept the shipment until 23 December 2014 and the cost to the Government for the storage in transit was $1,186.52.  He was not held liable for $910.35 temporary storage costs from 28 November 2014 to 8 December 2014 due to his leave in the U.S. as a circumstance beyond his control.  His non-acceptance of the shipment of HHG until 23 December 2014 is the direct cause of the fifteen additional days of temporary storage at a cost of $276.16 to the Government.  

6.  The applicant was provided with a copy of this advisory opinion on 20 May 2015 but to date he has not responded.   

7.  Paragraph U5380 of the JFTR provides for non-temporary storage of service members HHG.  

	a.  Paragraph U5380(A) states non-temporary storage is all storage other than storage in transit.  It includes any shipment, move, packing/unpacking, and crating/uncrating necessary to place the HHG in the designated storage facility.  The total HHG weight transported plus the HHG weight in non-temporary storage at Government expense on the same PCS order should not exceed the weight allowance in paragraph U5310-B.

	b.  Paragraph U5380(D) (non-temporary storage converted to storage in transit) states upon authorization/approval by the Service concerned, non-temporary storage at origin may be converted at the member’s request to storage in transit, in whole or in part if the member is authorized transportation/non-temporary storage under an order.  The conversion is at Government expense.  However, any storage cost accruing for periods in excess of 180 days are the member’s financial responsibility.  Unless otherwise provided in paragraph U5375-B3, no additional HHG storage, after conversion from non-temporary storage to storage in transit, is authorized before another PCS order is issued.

8.  Office of the Deputy Chief of Staff, G-4, Memorandum to all Transportation Offices, dated 24 April 2014, subject: Army Policy for Storage in Transit in Conjunction with Non-Temporary Storage Releases, states: 

	a.   In accordance with the JFTR, paragraph U5380- L, the transportation office must advise Soldiers that converting non-temporary storage to storage in transit, unless it becomes necessary because of conditions beyond the Soldier's control, is not authorized.

	b.  When a Soldier requests release of a shipment from non-temporary storage without a delivery address, the transportation office must request the Soldier sign a statement indicating the Soldier was advised that storage in transit is not authorized and he/she is responsible for all storage costs if a delivery address is not provided before or when the shipment arrives. The transportation office will annotate the shipment documents with "SIT is not authorized".  The transportation office may issue a DD Form 139 to collect the storage costs. 

	c.  Exception to policy requests from the Soldier through the local transportation office to the G-4 must provide the circumstances beyond the Soldier's control with supporting documentation, orders, and estimated number of days required for storage.  Each case will be adjudicated based on the merit of the extenuating circumstances provided.

DISCUSSION AND CONCLUSIONS:

1.  The applicant conducted a PCS move from Fort Bragg, NC to Europe, in 2014.  He requested a packing/pick up date of 8 October 2014 and a projected delivery date of 8 December 2014.  He was counseled and his bill of lading clearly shows he was not authorized storage in transit and that only direct delivery was authorized.  

2.  According to the advisory opinion by the Army G-4, the applicant changed his overseas tour from "unaccompanied" to "accompanied" and was counseled by the Stuttgart Transportation Office on the requirement to provide a delivery address before a non-temporary storage lot could be released by the Fort Bragg Transportation Office.  He completed an application for shipment on 2 October 2014 with a BOQ delivery address, which could not accommodate a HHG shipment of 9,863 pounds.  

3.  The Fort Bragg Transportation Office released the non-temporary storage lot on 8 October 2014 and the Government bill of lading states: "SIT not authorized, Direct Delivery Authorized."  The shipment arrived and was offered to him by the moving company for delivery on 28 November 2014.  He could not accept delivery to his BOQ; however, he was also on leave in the U.S. until 8 December 2014.  He did not accept the shipment until 23 December 2014 and the cost to Government for the storage in transit was $1,186.52.  

4.  He was not held liable for $910.35 of the temporary storage costs from 28 November 2014 to 8 December 2014 due to his leave in the U.S. as a circumstance beyond his control.  However, his non-acceptance of the shipment until 23 December 2014 is the direct cause of the 15 additional days of temporary storage at a cost of $276.16.  As he has not provided evidence to show why he could not accept the HHG when first available, there is insufficient evidence to overturn the decision of the Army G4.  Thus, he remains liable for the associated costs to store his HHG.  

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)                                         AR20150003645





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ABCMR Record of Proceedings (cont)                                         AR20150003645



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