RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-02805 INDEX CODE: 100.00 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: He be granted an extension and increase on his household goods (HHG) non-temporary storage (NTS) entitlement. _________________________________________________________________ APPLICANT CONTENDS THAT: His HHG were placed into NTS by the Luke AFB Traffic Management Office (TMO) upon his assignment to Tucson, AZ. His HHG were still in NTS upon his retirement in Oct 2003. He was briefed by Davis-Monthan AFB TMO personnel on his HHG weight and his entitlement to continue his NTS status for one year after his retirement. In Sep 2004, he requested shipment but the Joint Personnel Property Service Office in Denver could not locate the shipment. They looked for one year, and in Oct 2005, Patrick AFB, FL, TMO informed him the HHG were lost and to initiate a claim. During the claim process, JPPSO contacted his wife and informed her the HHG were found (Dec 2005); however, he would have to pay the storage cost even though they were lost during that time. JPPSO informed his wife the reason they were lost was due to the HHG being in a “storage in transit” status rather than NTS. The responsibility for correct status lies with TMO and the moving/storage company. He has been trying to resolve this issue with JPPSO and his congressman, to no avail. He should not have to pay for costs incurred due to mishandling by TMO, JPPSO, and the moving/storage company. He has already spent over $6,000 for items that were purchased to replace the items that had been declared lost. In effect, his HHG are being held hostage due to mishandling by Luke AFB TMO and JPPSO. In support of his request, the applicant provided a timeline, documents and e-mails to and from the various TMO’s and JPPSO, statements from his wife, and congressional correspondence. The applicant's complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant retired in Oct 2003. He had an approved extension for his home of selection (HOS) entitlement until 29 Sep 07. He was advised that the extension did not extend his NTS at government expense. Additionally, he was advised the HHG in storage could remain in storage at the government rate during the duration of his extension; however, he would be responsible for the cost. He was further advised that the government was not liable for any loss or damage during the extension period and it was recommended he consider obtaining private insurance. The letter informing the applicant of his extended HOS entitlement specifically highlighted the fact it was the member’s responsibility to notify all storage facilities and TMO’s involved with the additional extension. Examiner’s Note: JPPSO was asked to provide an advisory opinion for this case on 6 Sep 07, but failed to do so. _________________________________________________________________ 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 error or injustice. Although the Board was unable to obtain an Air Force advisory opinion in this case, it is clear the applicant has suffered an injustice with regard to the storage of his household goods. The applicant acted in good faith and, through no fault of his own, his household goods were lost for over a year; thereby causing him to replace the lost items. However, before he could process a claim, the household goods were found and he was ultimately required to pay the storage costs to include the period they were lost. We find any doubt should be in favor of the applicant and; therefore, recommend his records be corrected to the extent indicated below. 4. The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that his non- temporary storage (NTS) was authorized until 29 September 2009, and his total authorized shipping allowance was 18,000 pounds, which included 3,000 pounds of professional books, papers, and equipment. _________________________________________________________________ The following members of the Board considered Docket Number BC- 2007-02805 in Executive Session on 14 January 2009, under the provisions of AFI 36-2603: All members voted to correct the records, as recommended. The following documentary evidence was considered for BC-2007-02805: Exhibit A. DD Form 149, dated 30 Aug 07, w/atchs.