IN THE CASE OF: BOARD DATE: 12 July 2023 DOCKET NUMBER: AR20220009113 APPLICANT REQUESTS: in effect – * correction of her records to show her DD Form 1164 (Service Order for Personal Property) storage expiration date of 17 June 2019 was honored and her Household Goods (HHG) were released from Non-Temporary Storage (NTS) and delivered to her with no cost/expense * a personal appearance before the Board APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Certificate of Release or Discharge from Active Duty), ending date 20 July 2017 * NTS email for pack/pick-up, 11 January 2018 * DD Form 1164, 26 January 2018 * Joint Personal Property Shipping Office (JPPSO), Fort Belvoir, Virginia email to Moving company (Belkins Moving Solutions, Inc.,) 21 August 2019 * Email from Moving company to applicant, 21 August 2019 * Moving company letter and invoice to applicant, 21 August 2019 * Moving company's final notice to applicant, 10 September 2020 * Moving company's notification of lien and legal sale notice, 4 February 2021 * Email communication between applicant and JPPSO, 9 March 2021 * Email communication between applicant and JPPSO related to retired travel and transportation entitlement reinstatement/extension as an Exception to Policy (ETP), 1 April 2021 * Email communication from JPPSO to applicant requesting doctor's document, 1 April 2021 * Doctor's letter, 12 April 2021 * Department of Veterans Affairs (VA) letter, 14 April 2021 * Email communication between applicant, JPPSO, and moving company, 14 April 2021 to June 2021 * Email communication between applicant and Deputy Director JPPSO, 10-19 August 2021 * Email communication between applicant and JPPSO, 12 August 2021 * Email communication between applicant and her attorney, 15 October 2021 * Email communication between applicant and JPPSO, 15 October 2021 * Cease and Desist letter from applicant's attorney, 15 October 2021 * Moving company final demand notice, 28 February 2022 * Moving company invoice, 21 March 2022 * Email communication from Moving company to applicant, 15 April 2022 * Letter from applicant to Moving company, 29 April 2022 * Email communication from Moving company to applicant, 5 May 2022 * Email communication between applicant and JPPSO, 10 May 2022 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) 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 her military orders need to be adjusted to release her HHG from storage. Fort Belvoir, Virginia, JPPSO made an error on her DD Form 1164 for the wrong expiration date resulting in the storage converting to her expense. JPPSO sent A-1 Bekins [Moving company] an email stating to charge her even though they made the error and did not contact her. She has attempted all avenues to get this situation corrected. Her HHGs are in jeopardy of being auctioned (all her furniture and everything she owns). JPPSO has advised her (by the direction of G-4) to seek correction this way through the ABCMR. 3. A review of the applicant's military record shows the following: a. On 9 August 2001, the applicant enlisted in the Regular Army and served continuously through reenlistments until her medical retirement. b. On 10 July 2017, the U.S. Army Garrison Fort Belvoir, published Orders Number 191-0007, retiring the applicant, effective 20 July 2017, and placed her on the Temporary Disability Retired List (TDRL), effective 21 July 2017. The Orders provide additional instructions for shipping, moving, and storage of personal property. c. On 20 July 2017, she was honorably retired by reason of "disability, temporary (enhanced)." DD Form 214 shows she completed 15 years, 11 months, and 12 days net active service. d. On 10 December 2018, DA Form 199-1 (Formal Physical Evaluation Board (PEB) Proceedings) shows a formal PEB found the applicant physically unfit and recommended permanent disability retirement. e. Orders Number D354-09 published by the U.S. Army Physical Disability Agency removed the applicant from the TDRL because of permanent physical disability and permanently retired her effective 20 December 2018. 4. The applicant provides: a. Email communication dated 11 January 2018 from the Fort Belvoir JPPSO notifying the applicant of the time and date of her packing and pick-up of her NTS shipment. The packing of her HHG was scheduled to begin on 12 January 2018 and pick-up on 16 January 2018. She was informed to be at her residence/delivery address from 0800-1700 hours. The pack/pick-up agent was Bekins A-1 Movers (Moving company). b. DD Form 1164 dated 26 January 2018, which shows, in pertinent part, her estimated storage period was 12 months. Her pickup date was 16 January 2018, and her storage expiration date was shown as 17 June 2019. c. Email communication dated 21 August 2019, from the Transportation Assistant JPPSO to the Moving/Storage company stating the applicant's entitlement expired in June 2018 and was mistakenly reported for expiration June 2019 on DD Form 1164. The JPPSO further stated they had paid 3 quarters of storage that should not have been paid and asked if they could do credits and then the Moving company could contact the applicant for the storage cost. d. A letter and invoice dated 21 August 2019 from the Office Manager, Bekins A-1 Movers, Inc. to the applicant, which states and shows, JPPSO Fort Belvoir advised the Moving company that their responsibility for the storage charges of the applicant's HHG and personal effects, presently located at their facility, expired per the attached notification. As of the expiration date, the payment of the storage charges had become the applicant's responsibility. The applicant was informed to remit payment on the enclosed invoice and her current monthly payment would be $464.20 for the storage costs only. The invoice showed a balance due in the amount of $6,728.50. e. A final notice from the Moving company dated 10 September 2020, notifying the applicant that her storage account was very seriously delinquent, and they could no longer continue to carry her account without payment. The applicant was advised that if she did not bring her account current her HHG would be auctioned, and she would be notified of the auction date. f. A legal sale notice from the Moving company dated 4 February 2021, notifying the applicant that it had a lien upon property held in storage for her account, or in which she claimed interest. Demand was made for payment in full, and the amount due thru 5 March 2021 was shown as $26,080.96. g. Email communication between the JPPSO and the applicant pertaining to HHG storage and the decision rendered by the Headquarters Department of the Army, G-4, in which the G-4 had no Joint Travel Regulation (JTR) authority to pay for NTS fees with retirement orders funding beyond the 1-year from retirement date and no authority to pay storage fees from January 2018 to September 2021 (3.75 years). h. A doctor's letter dated 12 April 2021, stating the applicant had been undergoing medical care for multiple medical conditions since separation from active duty including from June 2017 to present. h. VA letter dated 14 April 2021, which states the applicant had a 100 percent service-connected evaluation and was considered to be totally and permanently disabled, effective 29 August 2020. i. Emails between the applicant JPPSO and her attorney pertaining to her accident, storage payment assistance, and the applicant's attorney contacting Bekins for the issuance of a cease-and-desist order. j. A cease-and-desist letter from her attorney to the Moving company dated 15 October 2021, stating the applicant and her attorney were invoking the Sailors' and Civil Relief Act of 1940, as auctioning her belongings would violate Federal law. k. A final demand letter from the Moving company dated 28 February 2022, notifying the applicant that the letter serves as the last attempt to collect the current and past due storage fees that are owed to Bekins A-1 Movers, Inc. She was informed to send full payment of $27,451.23 within 15 days of the date of the letter. If payment was not received, the Moving company would be forced to proceed with the auctioning of the applicant's storage items to help satisfy the amount owed. l. An invoice from the Moving company (Bekins) dated 21 March 2022, which shows a balance due in the amount of $28,791.40. m. A letter from the applicant to the Moving company dated 29 April 2022, wherein she states, in part, there was an error on her DD Form 1164 related to the expiration date of her HHG storage. She further highlighted and discussed the avenues and steps she had taken to rectify the issues related to her HHG in storage. n. Multiple emails on various dates between her, JPPSO, and the Moving/Storage company discussing her HHG storage, DD Form 1164 expiration date, retirement/separation orders, conversations, JTR guidance and authority, balance due, delinquent balance, payment methods, auctioning of her HHG, timeline of events, ETP, Army Emergency Relief (AER), ABCMR, and legal assistance/action. 5. On 8 March 2023, the Office of the Deputy Chief of Staff G-4, Chief, Transportation Policy Division, provided an advisory opinion for this case and stated: a. The Secretarial Process (Army G-1/G-4) has no JTR authority to provide NTS of HHG at Government expense when there is no Service member entitlement. The 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 issued primarily under the authority of Title 37, United States Code (USC), Section 481. b. JTR paragraph 0518, HHG Storage, B. Non-Temporary Storage (NTS) 14. A Service member (or a dependent in the event of a retired Service member's death) who is authorized HHG transportation to a home of selection is authorized NTS. NTS ends 1 year from the date of active-duty termination. c. The Department of Defense (DoD) Inspector General Report 2014-076, Opportunities for Cost Savings and Efficiencies in the DoD Permanent Change of Station Program recommended that the Under Secretary of Defense for Personnel Readiness in conjunction with the Deputy Assistant Secretary of Defense for Transportation Policy update the JTR to remove authority for the Government to continue paying for NTS lots after the entitlement period expires. This JTR change was implemented in 2015. d. The applicant retired from the Army on 20 July 2017 and placed 8,440 pounds of HHG into NTS with Bekins A-1 Movers, Inc. on 11 January 2018. Her one year of NTS at Government expense in conjunction with retirement orders expired on 20 July 2018. The Transportation Office error converting the NTS fees to the applicant expense on 20 July 2019 versus 20 July 2018 was to the retiree benefit, as the Government did not process a debt collection for the one additional year of storage fees totaling $940.80. 6. On 14 March 2023, the applicant was provided a copy of the G-4 advisory opinion for comments or rebuttal. 7. On 21 March 2023, she responded to the advisory opinion and stated: a. On 16 January 2018, she placed all her furniture and sentimental value items in storage through Fort Belvoir JPPSO. She received a DD Form 1164 that showed her storage expiration date as 17 June 2019. This document was certified by , the traffic manager on 26 January 2018 as accurate and therefore believed it to be correct. When she contacted JPPSO to coordinate to have her HHG delivered she was informed to contact Bekins Moving Solutions directly. Finally, she received communication from Bekins on 21 August 2019 by email informing her of the error on the DD Form 1164 (JPPSO did not notify her of the error) additionally, stating the payment responsibility had become hers as of 18 June 2018. More so, the monthly bill is $464.20 and currently there is a balance of $6,496.40. of Fort Belvoir JPPSO directed Bekins to contact her to inform of the error and charge her. JPPSO lacked respect to contact her but attempted to hide the error. She was currently attending seminary to obtain her Master Divinity; she did not have the means to pay the storage invoice and she was denied retrieving her belongings. b. She contacted JPPSO to get the situation rectified however to date it has been an uphill battle and they only respond when it is convenient. JPPSO will not take responsibly for the error. instructed her to take out a loan or seek assistance from AER. She was unable to get an AER loan because they do not support storage nor was, she in a position to get a loan. Consequently, because of the error by Fort Belvoir JPPSO as of date she is in jeopardy of everything she owns being auctioned off on 28 April 2023 and have an outstanding debt from the remaining balance. c. She has contacted JPPSO numerous times for support. She has filed multiple Interactive Customer Evaluation complaints for assistance. If this error did not occur, she would have been able to retrieve her belongings. Bekins has so kindly stated they are willing to negotiate the storage costs. On 27 April 2022, she filed an Inspector General complaint to assist in the situation. They spoke with in which he informed them she needed to contact the ABCMR, and they have the wrong orders. She attempted to explain to JPPSO the orders she gave them was the ones she received prior to separating, however, she also received additional orders when she moved to temporary medical retirement to permanent post retirement. d. She is seeking to get her HHG back. She would not be in this situation if the error did not occur. She did not or does not have the financial means to pay Bekins as her only income is her VA disability and she has three small children to support. Included is email traffic supporting this information, however, she has a significant amount of correspondence about this situation. This situation has caused her extreme emotional distress especially the implications of legal and financial actions by Bekins. e. She should not have to incur this debt - this potentially can cause hardship for her if she is left to bear this obligation. She is seeking justice, redress, and the right actions to be done. Moreover, she wants to echo that all her furniture is in storage along with her memories from serving in the Army and her children's memories. Please let her know if anything is needed. Additionally, G-4 has been contacted in this situation and they have shown partially for JPPSO to cover up the error. She has even obtained a lawyer to help resolve the matter, however, she could no longer afford the services. As of this date the balance due is $40,386.44. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s petition, available military records, and the office of the Deputy Chief of Staff, G-4 advisory opinion, the Board concurred with the advising official finding the applicant retired from the Army on 20 July 2017 and placed 8,440 pounds of HHG into NTS with Bevins A-1 Movers, Inc. on 11 January, 2018. Her one year of NTS at Government expense ICW with retirement orders expired on July 20, 2018. The Board found the transportation officer in error had her one year ending on 20 July 2019 instead of her actual one-year expiration of 20 July 2018. The Board agreed the government afforded the applicant an extra year in error which benefitted the applicant. The Board determined there is insufficient evidence to support the applicant’s unfortunate issues regarding her NTE. Based on regulatory guidance and the preponderance of evidence, the Board denied relief. 2. The applicant’s request for a personal appearance hearing was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. 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. ADMINISTRATIVE NOTE(S): N/A REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 15-185 (ABCMR), states that the ABCMR begins its consideration of each case with the presumption of administrative regularity. It will decide cases based on the evidence of record and it is not an investigative body. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. Paragraph 2–11 states 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. 3. JTR, Section 0518 (Household Goods (HHG) Storage), paragraph B (Non- Temporary Storage (NTS)), subparagraph 14 provides that, a Service member (or a dependent in the event of a retired Service member's death) who is authorized HHG transportation to a Home of Selection (HOS) is authorized NTS. NTS ends 1 year from the date of active duty termination. An extension of the 1-year time limit may be authorized or approved through the Secretarial Process if a Service member is undergoing hospitalization or medical treatment or is recalled to active duty before selecting a home (see section 0510). Paragraph C (Delivery Out of Storage) states, as long as the Service member's order or transportation authorization is valid, the Government will pay for the delivery of HHG from storage, regardless of the amount of time the HHG was stored. This includes HHG shipments converted to storage at the Service member's expense. 4. Title 10, USC, section 1552 states the Secretary concerned may pay, from applicable current appropriations, a claim for the loss of pay, allowances, compensation, emoluments, or other pecuniary benefits, or for the repayment of a fine or forfeiture, if, as a result of correcting a record under this section, the amount is found to be due the claimant on account of his or another's service in the Army. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220009113 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1