B-152500, NOV. 8, 1963

B-152500, NOV. 8, 1963

TO LIEUTENANT COLONEL JOSEPH D. HILDEBRAND, USAF, RET.:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 20, 1963, RELATIVE TO YOUR CLAIM FOR STORAGE OF YOUR HOUSEHOLD EFFECTS FOR A PERIOD SUBSEQUENT TO NOVEMBER 30, 1962, AND THE COST OF SHIPPING THOSE GOODS TO HAWAII INCIDENT TO YOUR RELEASE FROM ACTIVE DUTY AND RETIREMENT, WHICH WAS THE SUBJECT OF OUR DECISION OF OCTOBER 7, 1963, B-152500, TO YOU.

IN THE DECISION OF OCTOBER 7, 1963, IT WAS POINTED OUT THAT UNDER THE LAW AND REGULATIONS A MEMBER UPON RETIREMENT MAY SELECT HIS HOME AND RECEIVE TRAVEL ALLOWANCES THERETO PROVIDED TRAVEL IS COMPLETED TO THE SELECTED HOME WITHIN ONE YEAR AFTER TERMINATION OF ACTIVE DUTY; THAT THE REGULATIONS PROVIDE FOR SHIPMENT OF HOUSEHOLD GOODS TO THE HOME SELECTED BY THE MEMBER FOR TRAVEL ALLOWANCE PURPOSES IF THE GOODS ARE TURNED OVER TO A TRANSPORTATION OFFICER OR CARRIER FOR SHIPMENT WITHIN ONE YEAR, AND THAT NONTEMPORARY STORAGE MAY NOT EXCEED ONE YEAR FROM THE DATE OF TERMINATION OF ACTIVE DUTY. YOU WERE ADVISED THAT SINCE YOUR EFFECTS REMAINED IN STORAGE BEYOND THE ONE-YEAR PERIOD AND NO REQUEST FOR SHIPMENT WAS RECEIVED BY THE TRANSPORTATION OFFICER WITHIN THAT PERIOD, THERE IS NO AUTHORITY FOR PAYMENT OF THE ADDITIONAL STORAGE CHARGES NOR MAY YOUR EFFECTS NOW BE SHIPPED AT PUBLIC EXPENSE. IN ADDITION, YOU WERE ADVISED THAT NO FURTHER ACTION MAY BE TAKEN ADMINISTRATIVELY ON YOUR CLAIM UNLESS YOUR RECORDS ARE CORRECTED BY THE SECRETARY OF THE AIR FORCE PURSUANT TO ACTION BY THE AIR FORCE BOARD FOR THE CORRECTION OF MILITARY RECORDS. YOUR PRESENT LETTER YOU SAY YOU ARE NOT SURE OF WHAT IS MEANT BY THE REFERENCE TO THE AIR FORCE CORRECTION BOARD. ALSO, YOU ASK TO BE ADVISED WHICH OF YOUR RECORDS COULD BE CORRECTED TO AUTHORIZE SHIPMENT OF YOUR HOUSEHOLD GOODS AT GOVERNMENT EXPENSE.

SECTION 1552, TITLE 10, U.S.C. PROVIDES THAT THE SECRETARY OF A MILITARY DEPARTMENT, UNDER PROCEDURES ESTABLISHED BY HIM AND APPROVED BY THE SECRETARY OF DEFENSE, AND ACTING THROUGH BOARD OF CIVILIANS OF THE EXECUTIVE PART OF THAT MILITARY DEPARTMENT, MAY CORRECT ANY MILITARY RECORD OF THAT DEPARTMENT WHEN HE CONSIDERS IT NECESSARY TO CORRECT AN ERROR OR REMOVE AN INJUSTICE. EXCEPT WHEN PROCURED BY FRAUD, A CORRECTION UNDER THIS SECTION IS FINAL AND CONCLUSIVE ON ALL OFFICER OF THE UNITED STATES. SEE, GENERALLY, THE ENCLOSED COPY OF DECISION OF APRIL 16, 1963, B-150999, 42 COMP. GEN. - .

THE MATTER OF WHICH OF YOUR RECORDS MAY BE CORRECTED OR WHETHER ANY CORRECTION IS JUSTIFIED IS FOR DETERMINATION BY THE AIR FORCE BOARD FOR THE CORRECTION OF MILITARY RECORDS UPON PROPER APPLICATION BY YOU. INFORMATION REGARDING THIS MATTER SHOULD BE ADDRESSED TO HEADQUARTERS, UNITED STATES AIR FORCE (AFCAS-64-C), WASHINGTON, D.C., 20330. SEE SECTION C, AIR FORCE REGULATION 31-3, JANUARY 2, 1962.