IN THE CASE OF: BOARD DATE: 25 July 2013 DOCKET NUMBER: AR20120021585 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests restoration of his retirement transportation entitlements. 2. The applicant states: * his request for transportation entitlements was disapproved * he completed all required documents and forms prior to retirement, but he was recently told he needed an exception to policy * he was also told a yearly updated letter needed to be filed, but he was not briefed on this matter prior to retirement 3. The applicant provides a letter, dated 20 October 2012, from the Installation Transportation Officer at Fort Hood, TX. CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, 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 Army Board for Correction of Military Records (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. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant retired on 31 May 2009 in the rank of sergeant first class after completing over 23 years of active duty. His retirement orders notified him he was authorized up to 1 year to complete selection of a home and complete travel in connection with this action. 3. There is no evidence which shows he requested an extension of his travel and transportation entitlements yearly beginning in 2010. 4. He provides a letter, dated 20 October 2012, from the Installation Transportation Officer at Fort Hood, TX which states: * his request for reinstatement and extension of his expired transportation entitlement was disapproved * yearly extensions are required * he could appeal this decision to the Army Board for Correction of Military Records 5. Volume 1 (Uniformed Service Personnel) of the Joint Federal Travel Regulation (JFTR) contains basic statutory regulations concerning official travel and transportation of members of the Uniformed Services. Paragraph U5130 states travel to a selected home must be completed within 1 year of active duty termination. A written time limit extension may be authorized/approved using the Secretarial Process. An explanation of the circumstances justifying the extension must include the specific additional time period; a description of the circumstances that prevent use within the prescribed time; and acknowledgement that the extension is not being granted merely to accommodate personal preferences or convenience. 6. The JFTR, paragraph U5365, states that household goods must be turned over for transportation within 1 year following termination of active duty. An extension of the 1-year time limit may be authorized/approved through the Secretarial Process when an unexpected event beyond the member’s control occurs which prevents the member from moving to the home of selection within the specified time limit. A time limit extension also may be authorized/approved through the Secretarial Process, if in the best interest of the Service, or substantially to the member’s benefit and not more costly or adverse to the Service. DISCUSSION AND CONCLUSIONS: 1. The applicant contends prior to retirement he was not told he had to file for an extension of travel and transportation entitlements each year. 2. The evidence of record shows he retired on 31 May 2009 and his retirement orders indicated he was authorized up to 1 year to complete selection of a home and complete travel in connection with this action. 3. By law, a retired Soldier must request an extension of travel and transportation entitlements yearly. 4. Although he failed to request an extension of travel and transportation entitlements within the given time frame, based on his 23 years of creditable active service, it would be equitable to correct his records to show his request for reinstatement and extension of his expired transportation entitlements was approved. BOARD VOTE: ____X____ __X______ ___X_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was 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 his annual requests for reinstatement and extensions of his expired transportation entitlements were approved through May 2014. _______ _ _X______ ___ CHAIRPERSON 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. ABCMR Record of Proceedings (cont) AR20120021585 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120021585 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1