RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         16 March 2006
      DOCKET NUMBER:  AR20050009694


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James G. Gunlicks             |     |Chairperson          |
|     |Ms. Susan A. Powers               |     |Member               |
|     |Mr. Richard G. Sayre              |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, payment for household goods (HHG)
shipment.

2.  The applicant states, in effect, he was serving in the Reserves in the
State of New York in 1995 when the Army Chief of Chaplains asked him to
return to active duty to help him reorganize the Chaplain's training
program.  He states that he was living in the State of Connecticut at the
time and his orders to active duty authorized the shipment of his HHG.  He
claims that he served on active duty for almost nine years, and during this
period he was integrated into a Regular Army (RA) status. However, in order
to qualify for non-regular retirement at age 60, when he was released from
active duty (REFRAD), he was transferred back to Reserve status on the
advise of Human Resources Command (HRC)-St. Louis  retirement officials.
He claims that during his out-processing at Fort Sam Houston, Texas, he was
told he had one year from his retirement date to decide where he wanted his
HHG shipped.  He was further advised that if before the end of that year,
he decided he needed an extension, he should return to their offices and
request an extension.

3.  The applicant further states that he went to the Fort Sam Houston
transportation office on 14 February 2005, and was informed that he did not
have orders authorizing the shipment of his HHG.  He then contacted HRC-St.
Louis retirement officials, who advised him they could not do anything
because his orders did not authorize the shipment of HHG.  He claims he
felt hurt and deceived by the Army, after what he thought was honorable
service on his part.  He states that after all he did not request to go
back on active duty, he was asked to return.  He indicates that he believed
he acted in good faith and when he retired, he did not move from San
Antonio because he had not located a home, and he was working on some
medical and physical conditions.  He states that by the time his request is
worked, he will probably have to take out a loan to pay for his move from
San Antonio to Atlanta, Georgia, where he decided to locate.  He states
that his relocation expenses to date are beginning to look like a total
cost of $10,000, which includes HHG and 2 privately owned vehicles.

4.  The applicant provides the following documents in support of his
application:  Self-Authored Statement; Billing Estimate; Active Duty
Orders; and Retirement Orders.
CONSIDERATION OF EVIDENCE:

1.  On 28 March 1995, United States Army Total Army Personnel Command
(PERSCOM) Orders Number A-03-003371 ordered the applicant to active duty on
1 June 1995 at Walter Reed Army Medical Center (WRAMC), Washington DC.
These orders authorized the applicant to ship his HHG.

2.  In March 2000, the applicant was reassigned to Fort Sam Houston, Texas,
and on 30 December 2003 order was published reassigning him to the United
States Army Transition Center, Fort Sam Houston on 12 March 2004, for
separation processing.  These orders authorized him the shipment of HHG to
either his Home of Record, or Place Entered Active Duty (PEAD)/Ordered to
Active Duty (POAD), which were both listed as Dallas, Texas.  POV shipment
was not authorized by these orders.  The applicant's record is void of any
indication that he made the HHG shipment authorized by these orders.

3.  On 12 March 2004, the applicant was honorably discharged after
completing 8 years, 9 months and 12 days of active duty service during the
period, and a total of 12 years, 1 month and 19 days of active military
service.  The separation document (DD Form 214) he was issued at the time
confirms he completed
20 years and 16 days of prior inactive service.  It also showed his mailing
address after separation was in San Antonio, Texas.

4.  United States Army Reserve Personnel Command (ARPERSCOM), St. Louis
Orders Number P02-481065, dated 9 February 2004, authorized the applicant's
placement on the Retired List in the grade of Colonel on 13 March 2004.
These orders indicated he was authorized retired pay under the provisions
of Title 10 of the United States Code, Section 12731 (10 USC 12731).  These
orders contained no authorization for the shipment of HHG.

5.  The applicant provides a billing estimate that indicates the guaranteed
cost of his shipment was $7,001.36.

6.  Chapter 5 of the Joint Federal Travel Regulation contains guidance on
HHG shipments.  It states, in pertinent part, that members who are
separated who are entitled to household goods shipment are authorized to
ship to either their HOR, or PEAD/POAD, or to a location of lesser
distance.  Government reimbursement will be the lesser of the actual cost,
or what the cost would have been to the authorized location.
DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to payment for HHG and POV
shipment and the supporting documents he submitted were carefully
considered.  While the applicant's choice to elect non-regular retirement
appropriately resulted in his retirement orders not authorizing HHG
shipment to designated location, there does appear to be equity
considerations in this case that should be addressed.

2.  The evidence of record confirms the applicant's Home of Record at the
time he was ordered to active duty in 1995 was the State of Connecticut,
and the place from which he was ordered to active duty was the State of New
York.  As a result, the separation orders issued at Fort Sam Houston should
have authorized the shipment of his HHG to either Connecticut or New York.


3.  The record also confirms that the applicant was authorized the shipment
of HHG to WRAMC in 1995, when he was ordered to active duty, and upon his
reassignment to Fort Sam Houston.  In addition, he was authorized to ship
HHG to his HOR or PEAD/POAD upon his separation at Fort Sam Houston.

4.  There is no indication that the applicant ever made a HHG shipment from
Fort Sam Houston to either his HOR or PEAD/POAD at the time of his REFRAD.
As a result, it would be appropriate to grant an exception to policy that
authorizes the applicant a delayed personal shipment of HHG.  Given, the
distance to Atlanta, Georgia from Fort Sam Houston is less than the
distance from Fort Sam Houston to either New York or Connecticut, it would
be appropriate to reimburse the applicant the full cost of his HHG shipment
to Atlanta, which according to the Billing Estimate provided by the
applicant was $7,001.36.  The applicant's personal decision to remain in
San Antonio for an extended period of time subsequent to his separation
prohibits payment of travel pay, and POV shipment was not authorized in his
separation orders.  As a result, it would not be appropriate to reimburse
him additional funds beyond HHG shipment cost.

5.  The applicant is advised that the absence of entitlement to HHG
shipment on his retirement orders and the absence of an authorization for
additional travel pay is the result of his personal decision to elect non-
regular retirement, and to remain in San Antonio subsequent to his REFRAD.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___JGG _  __SAP __  __RGS__  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by showing that he was authorized to ship Household
Goods to either Connecticut (Home of Record) or New York (Place Entered
Active Duty) upon his release from active duty at Fort Sam Houston, Texas
on 12 March 2004; that he was authorized to make a personal move to
Atlanta, Georgia; and by reimbursing him $7,001.36, the cost of his
household goods shipment.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
reimbursement for the shipment of privately owned vehicles, travel pay, or
any additional transportation costs beyond that authorized in the preceding
paragraph.




                                  ____James G. Gunlicks____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050009694                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2006/03/16                              |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT-PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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