RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00664
		INDEX CODE:  128.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

The Government pay for a year of nontemporary storage for his Household Goods (HHG) and associated charges for packing, drayage, handling, and packing materials.

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APPLICANT CONTENDS THAT:

He retired on 1 July 2000 after 30 years in the Air Force.  Before retirement, he attended counseling on entitlements by the Beale AFB, CA Transition Assistance Program and by the Beale AFB Transportation Management Office.  He was also told he had up to a year to move to his home of selection (HOS) and this could be extended upon application.  At no time did anyone inform him verbally or in writing that his entitlement for transportation or storage of household goods had any non-extendable expiration date.  He understands the Government paid $1.00 per pound per month to store his household goods.  It paid $109.20 per month to store his 10,920 pounds of household goods for 14 months for a total of $1,528.80.  Since he was only entitled to 12 months of storage (costing $1,310.40), he believes his total debt for excess storage of his HHG should be $218.40 not $2,074.80 for 19 months he was originally billed for, nor the $2,889.60 JPPSO-SAT now says he should pay.

Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

On 30 June 2000, the applicant was relieved from active duty and on 1 July 2000 he retired in the grade of chief master sergeant.  He served 30 years and 6 days of total active military service.

In May 2001, the applicant requested and was granted an extension of the one-year time limit to move to his HOS.  The time limit was extended to 30 June 2002.  In May 2002, due to still being unemployed, the applicant requested and was granted another extension of the time limit to move to his HOS.  The time limit was extended to 30 June 2003.

On 28 November 2001, the applicant placed 10,920 pounds of household goods in nontemporary storage (NTS).  The goods remained in storage until 23 January 2003 and were then shipped to Tucson, AZ.  As entitlements to NTS at Government expense terminate one year following the release from active duty, the applicant was billed $2,074.80 for the unauthorized storage.  Later, warehouse handling and wardrobe cartons were added, increasing the cost to $2,889.60.

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AIR FORCE EVALUATION:

AF/JPPSO indicated HOS benefits are not open-ended entitlements that the retired member retains until used.  In decision B-207157, dated 2 February 1983, the Comptroller General held that Congress intended HOS benefits be directly related to the member’s separation/retirement from active service.  While Congress provides for extension of the time limit for travel to a HOS under certain conditions, for extensions under paragraph U5365-F, there is no authority to extend the Government’s obligation to pay storage cost occurring more than a year after termination of active duty.  However, since the time limit to move to the HOS was extended by competent authority, they believe the member should receive the travel and transportation entitlements.

If the board agrees, they recommend the records be changed to authorize the packing, warehouse handling, line-haul charges to Arizona, and delivery cost at destination.  However, the applicant is responsible for the storage cost for 10,920 pounds at a rate of $1.00 per hundredweight for 14.5 months for a total cost of $1,583.40.

The evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 7 May 2004, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days.  As of this date, no response has been received by this office.

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THE BOARD CONCLUDES THAT:

1.	The applicant has exhausted all remedies provided by existing law or regulations.

2.	The application was timely filed.

3.	Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice warranting partial relief.  The Board agrees with the Air Force and adopts their rationale as the basis for our conclusion.  Since the applicant’s time to move to his HOS was extended by competent authority, we believe the applicant should receive the travel and transportation entitlement.  However, with respect to storage cost, we note this is not an indefinite entitlement and as such, there is no authority to extend the Government’s obligation to pay storage costs occurring more than one year after termination of active duty.  It is further noted the applicant was advised in May 2001 that his HOS extension did not apply to NTS of his HHGs.  Therefore, we believe it is the applicant’s responsibility to pay the storage costs.  In view of the above, we recommend his records be corrected to the extent indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that the Government Bill of Lading, ZY-088121, dated 20 December 2002, was amended in block 30 - Charges, to reflect total charges of $1,306.20.

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The following members of the Board considered AFBCMR Docket Number BC-2004-00664 in Executive Session on 14 July 2004, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 28 February 2004, w/atchs.
   Exhibit B.  Military Personnel Records.
   Exhibit C.  Letter, JPPSO, dated 28 April 2004.
   Exhibit D.  Letter, SAF/MRBR, dated 7 May 2004.

			

AFBCMR BC-2004-00664

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to  , be corrected to show that the Government Bill of Lading, ZY-088121, dated 20 December 2002, was amended in block 30 - Charges, to reflect total charges of $1,306.20.