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Board for Correction Case No. 023-83

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Board for Correction Case No. 023-83

234.00 Travel / Transportation / Shipment of Household Goods - Extend time to apply for shipping expenses

FINDINGS, CONCLUSIONS AND RECOMMENDATIONS BOARD FOR CORRECTION OF PUBLIC HEALTH SERVICE COMMISSIONED CORPS PERSONNEL RECORDS

Case NO.: 023-83

DATE OF FORMAL APPLICATION: xxxxxxxx 1982

APPLICANT'S NAME AND ADDRESS:

xxxxxxxx
xxxxxxxxxxxx
xxxxxxxxxxxxxx

SERVICE NO.: xxxxxxx

SOCIAL SECURITY NO.: xxxxxxxxx

REQUESTED Xxxx is requesting an extension of the time CORRECTIVE ACTION: period for shipping household goods to beyond the (Formal Application) current requirement of 180 days after separation from active duty.

DATE OF BOARD MEETING: xxxxxxxxx 1983

BOARD MEMBERS PRESENT:

Ellen Wormser, Chairperson of Board for Correction of PHS Commissioned Corps Personnel Records and Director, Office of Organization and Management Systems, Office of Management, Office of the Assistant Secretary for Health.

I. CLAIM

Xxxx claims that because of changes in shipping policy, not known to him at the time he was separated from the Commissioned Corps, he has been denied the benefit of shipping his household goods from xxxxxxxxxxxxxxx to a new address in Xxxxxxxxxx. Xxxx states that he was not aware of the policy change reducing from one year to 180 days the period during which an officer must apply for transportation of household goods after separation from active duty. Xxxx is requesting an unlim­ited extension, but recognizes the need may exist to limit the extension to six months after date of action by the Board.

II. BACKGROUND

Xxxx was separated from active duty on Xxxxxxx 1981. Xxxxxxx 1981, the Uniformed Services Pay Act of 1981 (P.L. 97-60) was enacted, and included a provision limiting the time period to 180 days after separation from active duty when officers must apply for transporta­tion to ship their household goods. This provision of law became effective on Xxxxxxx 1981. Prior to the enactment of P.L. 97-60, the law did not contain a specific time limit for exercising the shipping benefit.

The Joint Travel Regulations (JTR) and the Commissioned Officers' Separa­tion Guide (CCPM Pamphlet No.32), however, had both contained a provision limiting to one year after separation the time period when officers must apply for the transportation benefit. The JTR was modified, effective Xxxxxxx 1981, to implement the new 180-day time limit; this information was not made available generally until around xxxx 1982. The Commis­sioned Personnel Operations Division (CPOD) advised its administrative and management personnel of this change on Xxxxxxx 1981.

As indicated above, Xxxx separated from active duty on Xxxxxxx 1981; in xxxx 1982, Xxxx contacted the CPOD personnel office and was informed that his entitlement to the shipping benefit had expired. He filed an application with the Board on Xxxxxxx 1982 requesting relief from the 180-day time limit.

III. BOARD PROCEDURES

The Board for Correction is located in the Office of organization and Management Systems, Office of Management, in the Office of the Assistant Secretary for Health. The Chairperson of the Board is also Director of the Office of organization and Management Systems.

To facilitate discussion of Xxxx request, the agenda for the meeting was structured in accordance with the priority issues to be addressed. These included the following:

  1. Given the facts described above, is it reasonable to assume that Xxxx was uninformed of the change in shipping policy at the time he was released from active duty?
  2. If the conclusion is that relief should be granted to Xxxx, as of what date should it be effective?

    CPOD suppored a six-month extension for Xxxx beginning with the date of order announcing the Board's decision.

    Xxxx requested an extension announced as of the date of ruling by the Board, ideally with no restriction, but not less than six months.
  3. Should the policy governing weight (13,000 pounds) and storage duration (90 days) be waived?

IV. FINDINGS

The deliberations of the Board members were greatly simplified because of the information presented by CPOD. CPOD indicated that it was unlikely that Xxxx would have been able to discover the change in shipping policy before leaving his duty station and returning to civilian life since the JTR and the CPOD memoranda implementing the legislative provision were both issued after Xxxx left active duty. Further, the information available to the Board indicated that Xxxx applied for the shipping benefit in XXXX, 1982, eight months after separation from active duty, indicating to the Board that his application for the transportation entitlement did not exceed the limit by an unreasonable period of time.

V. RECOMMENDATIONS

After consideration of all information presented, it is the recommendation of the Board that Xxxx request should be upheld, and that he should be granted a six-month extension to apply for transportation to ship his household goods, effective on the date the decision of the Board is announced. Further, all other provisions governinq the shipment of household goods shall remain in effect and apply to Xxxx exercise of his shipping benefit.

I certify that each of the Board members has read this report and that its content is a true and complete statement of the deliberations of the Board.

Ellen Wormser
Chairperson
Board for Correction of PHS Commissioned Corps Personnel Records

Wilford J. Forbush
Deputy Assistant Secretary for Health Operations and Director, Office of Management


Anyone wishing to obtain an un-redacted copy of any of the decisions should submit a request for the un-redacted decision under the federal Freedom of Information Act (FOIA). Such requests should be directed to the PHS FOIA Office, Parklawn Building, Room 17 A-46, 5600 Fishers Lane, Rockville, MD 20857; telephone 301-443-5252; fax 301-443-0925.