ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  30 September 2019

	DOCKET NUMBER:  AR20180001059


APPLICANT REQUESTS:  To be authorized to ship a total of 12,500 pounds (lbs) of household goods (HHGs) and unaccompanied baggage (UB) from Korea.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Disapproval memo from Logistics Readiness Center Yongsan for request for exception to weight restrictions, dated 23˙November˙2017

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file.

2.  The applicant states under the provisions of Joint Travel Regulation (JTR) Chapter 5, Part A, Section 5b, 5202-E, request that he be authorized to ship a total of 12,500 lbs of HHGs and UB from Korea.  He is not trying to defraud the government in any way, shape, form or fashion.  He is currently serving an accompanied 24 month tour in Korea and served a previous overseas tour in Saudi Arabia.  He received orders to Korea less than 20 days before his departure from Saudi Arabia and he had to ship his unaccompanied baggage from Saudi Arabia to Korea.  While he was in the US, he and his wife had less than 30 days to prepare for their HHGs pick up for Korea and their remaining items to be stored in temporary storage.  Also, he has three kids that are home schooled which requires his family to maintain all the curriculum books, workbooks, lesson plans, computers, and school supplies for the whole year.  After two years of living in Korea, each of their kids have books and workbooks for two complete school years to include, his wife is a music producer/ song writer.  His wife's profession requires her to work with multiple instruments, digital synthesizers, music theory books, and sound integrators to produce music for commercials, television series, and film.  The miscalculation error happened between consecutive overseas tours and packing their HHGs with limited time of preparation for an overseas accompanied tour with weight restrictions.  The total amount he shipped from Saudi Arabia and Jacksonville, Florida exceeded the weight allowance from the beginning which initiated this exception to policy for his weight allowance to Fort Stewart, GA.

3.  The applicant provides a disapproval memo from Logistics Readiness Center Yongsan for request for exception to weight restrictions.  It stated justification for your request for excess weight allowance based on duration for tour of duty is not meet the criteria outlined in JTR Chapter 5, Part A, Section Sb, 5202-E.

4.  A review of the applicant?s service records shows the following:

	a.  He was appointed in the US Army Reserve in the Reserve Officers? Training Corps on 17 September 1997.  He accepted commission as a Reserve Officer on 13˙May˙2000.

	b.  Orders 209-082, dated 28 July 2014 shows he was assigned to Saudi Arabia with a report date of 30 September 2013.  Item l) states Soldier is authorized shipment of HHGs and UB IAW (in accordance with) PPCIG (Personal Property Consignment Instructions Guide) Vol II Appendix V guidance for unaccompanied service members assigned to Saudi Arabia.  Both HHG & UB will be shipped by air.  Weight limitations will be IAW PPCIG Vol II, Appendix V, unless greater allowances are already authorized.

	c.  Assignment orders to Korea are not available for review.  On 25 March 2019, an advisory opinion from Army G-4 was issued stating under the Joint Travel Regulations, (JTR), published 1 November 2017, chapter 5, paragraph 5200.B, an O5 on an accompanied tour is allowed a combined weight of 17,500 lbs inclusive of household goods (HHG), unaccompanied baggage and non-temporary storage.  However, Korea is a weight restricted location for Army service members and the JTR, Appendix W, restricts accompanied tours to Korea to 50% of the weight allowance (8,750 lbs).  The weight restriction for Korea was also identified in the applicant's orders 279-002 (void from available records).

		(1)  In 2015, the applicant shipped a total of 10,629 lbs to Korea, exceeding his authorized allowance by 1,879 lbs.  The additional weight allowance was permitted by error.  At the end of his 24 month assignment, in 2017, he requested a weight allowance of 12,500 lbs.  An allowance of 12,500 lbs would exceed his initial authorized allowance by 3,750 lbs.  The 12,500 lbs was denied; however, he was allowed to return from Korea with 10,629 lbs (based on the error).

		(2)  The applicant concludes the reason for the excess weight was due to limited time to prepare HHG for shipment to Korea, the return of 2 years' worth of homeschooling material for his children and the purchase of a freezer while assigned to Korea.  As the applicant was allowed an additional 1,871 lbs above the allowable weight allowance, there is no justification to allow additional weight.

5.  By regulation, JTR, published 1 November 2017, chapter 5, paragraph 5200.B, an O5 on an accompanied tour is allowed a combined weight of 17,500 lbs inclusive of household goods (HHG), unaccompanied baggage and non-temporary storage.  Appendix W, restricts accompanied tours to Korea to 50% of the weight allowance (8,750 lbs).

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found relief was not warranted.  The applicant?s contentions and the advisory opinion were carefully considered.  The Board agreed with regulatory guidance and the comments provided by advisory official, and determined not to grant the requested relief.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

X	X	X	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

	 
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.  Title˙10, USC, section˙1552(b), provides that applications for correction of military records must be filed within three˙years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.
2.  Joint Travel Regulation, published 1 November 2017, chapter 5, paragraph 5200.B, an O5 on an accompanied tour is allowed a combined weight of 17,500 lbs (pounds) inclusive of household goods (HHG), unaccompanied baggage and non-temporary storage.  Appendix W, restricts accompanied tours to Korea to 50% of the weight allowance (8,750 lbs).

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20180001059


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