MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            14 December 2000  
	DOCKET NUMBER:   AR2000041007

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

	Mr. Carl W. S. Chun		Director	
	Ms. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Mr. Richard t. Dunbar		Member	
	Mr. Hubert O. Fry		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  In effect, that he be authorized to have his household goods moved to El Paso, Texas at government expense.

APPLICANT STATES:  In effect, that at the time of his separation from active duty and placement on the Temporary Disability Retired List (TDRL) shipment of his household goods was not his priority.  He notes that due to his physical condition his only concern was returning to Philadelphia “to begin testing with [his] brother and sister to see if they could donate their kidneys.”  The applicant states that while “outprocessing” at Fort Lewis, Washington he “waived [his] group counseling session” because he only had five days from the time he received his orders until the day his household goods were picked up.  He states that as a result of not participating in the group counseling session he was unaware that his household goods should have been stored at Fort Lewis “in order for them to be released to [his] residence after [his] kidney transplant.”  He states that now that his transplant has been completed he intends to settle in El Paso, Texas but “has been informed that [he] cannot proceed as planned without paying” for shipment of his household goods.  In support of his request he submits copies of his separation orders and a copy of his DD Form 1299 (Application for Shipment and/or Storage of Personal Property).

EVIDENCE OF RECORD:  The applicant's military records were not available to the Board.  Information contained herein was reconstructed solely from information provided by the applicant and information contained in a letter from his mother to her congressional representative.

On 30 December 1998 orders were issued by officials at Fort Lewis, Washington separating the applicant from active duty effective 6 January 1999 and placing his name on the TDRL the following day.  The orders noted that the applicant had entered active duty in Philadelphia, Pennsylvania, served on active duty for more than 8 years, and that Philadelphia was recorded as his home of record.

Orders assigning him to the transition point at Fort Lewis for separation processing indicated that movement of dependents and shipment of household goods to home of selection” was authorized and that he was authorized “up to one year to complete selection of home and complete travel in connection with this action."

Included with the applicant’s petition to this Board were two copies of a DD Form 1299, one was typed, not signed, and incomplete and the other was handwritten and authenticated by the applicant.  The incomplete typed DD Form 1299 contains a hand written notation on the bottom “front desk Mbr Waives Grp Brif Sess.” 

The handwritten DD Form 1299, which the applicant signed on 30 December 1998, indicated that his “home of selection” was Philadelphia and that he understood that “this is my final shipment at govt expense.”  The document indicates the applicant’s household goods were to be picked up from an address at Fort Lewis and that the “destination information” was an address in Philadelphia.  

Information contained in a letter by the applicant’s mother to her congressional representative notes that the applicant underwent a kidney transplant on 
14 October 1999.  The letter notes that when the applicant “filled out the necessary transportation form he didn’t realize that he checked the waiver for additional information.”  She stated that the applicant and his spouse own a home in El Paso and that they “feel they can live in El Paso, with their three children, on their income from the Army and Veteran’s administration….”  She notes that the applicant and his spouse have been attending the “Community College of Philadelphia, while they have been in Philadelphia” but plan to enroll at the University of Texas for the fall semester of 2000.

The Joint Travel Regulation (JTR) states that a member on active duty is entitled to select a Home of Selection (HOS) when the member is retired for physical disability or placed on the TDRL.  A member may select a home any place within the United States; the home of record outside the United States, or any other place (allowances paid in this case shall not exceed those payable had the member selected a home at a CONUS location specified by the member.)  A member on active duty is entitled to travel and transportation allowances to a home selected by the member from the last permanent duty station when the member is retired for physical disability or placed on the TDRL (without regard to length of service).

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  While the applicant contends that he was not provided sufficient information about transportation entitlements because he “waived [his] group counseling session” the evidence of record indicates that he authenticated his DD Form 1299 indicating that he understood that his decision to have his household goods shipped to Philadelphia was his “final shipment at govt expense.”  He also indicated that his home of selection was Philadelphia.  There is no evidence, and the applicant has not provided any, that his original intention was to ultimately relocate to El Paso, Texas following resolution of his medical problems.  He has not provided any evidence which would indicate that attendance at a “group counseling session” would have altered the decisions he made regarding shipment of his household goods.

2.  The Board notes, based on information contained in the letter from the applicant’s mother to her congressional representative, that the applicant chose to relocate to Texas because “they feel that they can live in El Paso…on their income” and not because it was his original intention to do so.  He has provided no evidence that he requested that his household goods be shipped to Philadelphia with the belief that he would eventually be able to have them shipped to Texas.  The Board also notes that the applicant’s orders indicated he was required to make a home of selection decision within one year of his separation.

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy that requirement.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__jh____  ___rtd__  ___hof__  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

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