DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
LCC:ddj
Docket No: 5937-01
6 November 2001
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Ref: (a)
Title 10 U.S.C.
1552
Encl:
(1)
(2)
(3)
Form 149 w/attachments
DD
NAVSUPPSYSCDM memorandum 4050 Ser
Subject’s naval record
53C/188 of 1 October. 2001
1.
Pursuant to the provisions of reference (a), Subject hereinafter referred to as Petitioner,
filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be
corrected to show that entitlement to ship household goods
incident to his discharged from active duty was extended.
will be settled in accordance with the Joint Federal Travel Regulations (JFTR).
(HHGs) at government expense
Any outstanding storage charges
2. The Board, consisting of Messrs.
iii.justice on 6 November 2001 and, pursuant to its regulations,
allegations of error and
determined that the corrective action indicated below should be taken on the available
recorc . Documentary material considered by the Board consisted of the
evidence of
enclosures, naval records, and applicable statutes, regulations and policies.
Novello, Pfeiffer, and Taylor, reviewed Petitioner ’s
3. The Board, having reviewed all the facts of record pertaining to Petitioner
of error and injustice, tinds as follows:
’s allegations
a. Before applying to this Board, Petitioner exhausted all administrative remedies
available under existing law and regulations within the Department of the Navy.
b.
In correspondence attached as enclosure
subject matter addressed in Petitioner ’s application has commented to the effect that the
request has merit and warrants favorable action.
(2), the
oftice having cognizance over the
CONCLUSION
Upon review and consideration of all the evidence of record,
(2), the Board finds the existence of an
contents of enclosure
following corrective action.
and especially in light of the
injustice warranting the
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, to show that:
Docket No:
5937-W
a. By letter dated 9 January 200
1, directed to the appropriate naval authorities,
Petitioner requested an extension in accordance with the JFTR of the 180 days in which to
ship his
HHGs, and that by letter dated 16 January 2001, addressed to the Petitioner, the
appropriate naval authorities approved Petitioner ’s request for an additional period not to
exceed one (1) year and four (4) months. Petitioner
government expense incident to his discharge from the Navy will expire on 27 April 2002.
If the total weight of
JFTR; he is responsible for the cost of any part of the
entitlement of
HHGs were in an overseas area
HHGs. The government would
shipped at the time of discharge or at this time thus the extension was authorized.
they would authorize the extension of entitlement to ship
have had to pay for shipping the
HHGs if they had been
14,SOO’pounds as authorized by the JFTR. The Board concluded that since the
HHGs shipped exceed the weight of his entitlement as authorized by the
’s entitlement to ship
HHGs at
HHGs shipment that exceeds his
b. That part of the request for the government to pay for excess storage charges was
shib and store household goods at government expense
denied. The 180 day entitlement to
when discharged was changed from one (1) year to six (6) months in 1981. Approximately
20 years have passed since the 180 day period was effective. The Personal Property Office
in Rota, Spain repeatedly advised Petitioner that he had only 180 days to store and ship
household goods. Additionally, Petitioner is not authorized any additional storage of
household goods at government expense in the States.
C. That a copy of this Report of Proceedings be filed in Petitioner
’s naval record.
4. Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval
Records (32 Code of Federal Regulations, Section 723.6(c)) it is certified that quorum was
present at the Board ’s review and deliberations, and that the foregoing is a true and complete
record of the Board ’s proceedings in the above entitled matter.
’
ROBERT D. ZSALMAN
Recorder
Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures
5.
of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section
723.6(e)) and having assured compliance with its provisions, it is hereby announced that the
foregoing corrective action, taken under the authority of reference (a), has been approved by
the Board on behalf of the Secretary of the Navy.
Docket No:
5937-01
6 ‘November 200 1
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