ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 1 April 2019 DOCKET NUMBER: AR20160014903 APPLICANT REQUESTS: cancellation of a $3,187.15 non-temporary storage (NTS) debt and a personal hearing before the Board. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * NTS Excess Charge Notice FACTS: 1. The applicant states he received a bill for $3,187.15 stating that he was inadvertently provided non temporary storage when he was not truly eligible. This was his final permanent change of station (PCS) move; all expenses should be covered. At the time of the move, he was briefed and assured that he was eligible for moving and storage. He would not have put things into storage if he were told that he would be billed for packing, drayage, handling, and storage. TSgt. O__, who notified him of this bill, even acknowledged that the mistake was not his and therefore he should not be liable for any expenses incurred. 2. The applicant provides an NTS Excess Charge Notice issued by the Joint Personnel Property Shipping Office (North East) - Storage Management. It states he owes the Government 8 months' worth of excess storage from 12 January 2016 to 30 August 2016, for a total amount of $3,817.15. 3. Review of the applicant's service records shows: a. Having had prior service, he enlisted in the Regular Army on 21 October 1998. b. Orders 094-0159, issued by Headquarters, U.S. Army Garrison, Fort Knox, KY, on 4 April 2014 retired him on 30 June 2014. The orders stated he was authorized up to one year to complete selection of a home and complete travel in connection with this action and he was also authorized shipment of household goods. c. He retired on 30 June 2014 and he was placed on the retired list on 1 July 2014. 4. An advisory opinion was received from the Transportation Policy Division, Office of the Deputy Chief of Staff, G-4, on 20 September 2018 in the processing of this case. An advisory official stated: a. The Joint Travel Regulations (JTR) is the basic statutory regulation governing a uniformed member's travel and transportation at government expense, and has the force and effect of law issues primarily under the authority of Title 37 U.S. Code Section 481. JTR paragraph 051504 states: "Household goods that is improperly transported or otherwise unavoidably misdirected through no fault of the service member may be transported at Government expense to the proper destination." b. The applicant's retirement orders, number 094-0159, dated 4 April 2014, with a retirement date of 30 September 2014, authorized one year of non-temporary storage at government expense from 30 September 2014 until 30 September 2015. He was erroneously counseled by the transportation office on 3 December 2015 that he was authorized one year of non-temporary storage in accordance with his retirement orders, which had already expired two months prior. c. The transportation office authorized the applicant 10,460 pounds of household goods to go into a non-temporary storage warehouse using his retirement orders to pay the vendor. Based on the transportation office error, the applicant will not owe the government for the storage charges of $3,187.15. 5. The applicant was provided with a copy of this advisory opinion to give him an opportunity to submit a rebuttal. He did not respond. 6. By regulation (AR 15-185), the ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. 7. The JTR, paragraph 051504 (Household Goods Improperly Transported or Misdirected): Household Good that is improperly transported or otherwise unavoidably misdirected through no fault of the Service member may be transported at Government expense to the proper destination. This includes Household Goods transported when a service member is officially reported as dead, injured, ill, or absent for 30 or more days in a missing status, or upon death; in connection with the early return of dependents; or under one of the conditions in section 0520. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was warranted. Based upon the transportation office error and the advisory opinion received from the Army G4, the Board recommended relief be granted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :x :x :x GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The evidence of record and independent evidence provided by the applicant are sufficient to render a decision without a personal appearance hearing. 2. The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by * showing the applicant submitted a request for cancellation of debt to the Transportation Policy Division, Office of the Deputy Chief of Staff, G-4 * showing the Office of the Deputy Chief of Staff, G-4 timely received processed, and approved the request for cancellation of debt I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. REFERENCES: 1. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. a. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. b. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. 2. The Joint Travel Regulations (JTR) are applicable to uniformed members of the seven uniformed services ( i.e., Uniformed Members of the Army, Navy, Air Force, Marine Corps , Coast Guard, National Oceanic and Atmospheric Administration Commissioned Corps, and Public Health Service Commissioned Corps), DOD civilian employees and others traveling at DOD expense. For Uniformed Service personnel, the JTR's authority is primarily derived from U.S. Code Titles 10 and 37 statutes. Provisions of the JTR are also determined by decisions of the Comptroller General (CG), the Civilian Board of Contract Appeals (CBCA), the Defense Office of Hearings and Appeals (DOHA) and DOD General Counsel. Paragraph 0515 covers Transportation Methods. Household Goods (HHG) transportation is authorized by the transportation mode that provides the required services satisfactorily at the Best Value cost to the Government. Sub-paragraph 051504 (HHG Improperly Transported or Misdirected) reads HHG that is improperly transported or otherwise unavoidably misdirected through no fault of the Service member may be transported at Government expense to the proper destination. This includes HHG transported: * When a Service member is officially reported as dead, injured, ill, or absent for 30 or more days in a missing status, or upon death * In connection with the early return of dependents * Under one of the conditions in section 0520 ABCMR Record of Proceedings (cont) AR20160014903 2 1