PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            29 August 2000                
	DOCKET NUMBER:    AR1999028637

	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. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. John D. Miller		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Charles Gainor		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that the finding of financial liability against him be overturned and the $348.50 that has been taken from him be returned.

3.  The applicant states that nothing in the documents presented to him explained that he would have pay the final delivery charge for his household goods.  

4.  In support of his application he submits the documents supporting his storage and shipment of household goods given to him upon his separation.  He submits 
a transmittal record that was sent to the applicant from the Fort McPherson Transportation Division informing the applicant his storage authorization would expire on 22 October 93 and final delivery and unpacking charges would be at government expense.

5.  The applicant was charged $348.50 for final delivery of household goods.  He appealed to charge to Forces Command.  His appeal was denied by letter.  The letter stated it is the normal policy and practice to authorize payment of final delivery and unpacking charges after the storage account has been converted to the owner’s expense.  However, the Department of the Army previously ruled that incident to retirement, delivery must be accomplished with the same five year time limitation that applies to extension of transportation allowance.  In this case, the five year limitation expired 30 November 1996.

CONCLUSIONS:

1. There is no text in the transportation documents that informed the applicant he would be liable for the final delivery charges. 

2.  It would be unfair to hold an individual responsible for possessing knowledge peculiar to the transportation field regarding conflicts in transportation regulations or polices.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing:

	a.  that the individual concerned was absolved of any and all financial responsilty as determined by the Fort McPherson/Gillem, Georgia Transportation Office; and

	b.  any money collected from him as a result of the original finding be returned to him.

BOARD VOTE:  

___jdm__  ___rwa__  ___cg___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__________John D. Miller____
		         CHAIRPERSON

INDEX

CASE ID	AR1999028637	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000829	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.