MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 4 December 2001
         DOCKET NUMBER: AR2001060120

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Mr. Joseph A. Adriance		Analyst

The following members, a quorum, were present:

Ms. JoAnn H. Langston		Chairperson
Ms. Margaret K. Patterson		Member
Mr. Eric N. Andersen		Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

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APPLICANT REQUESTS: In effect, that his household goods (HHG) be shipped from Germany to the United States at government expense.

APPLICANT STATES: In effect, that he retired from the Army in 1984, and that he was granted permission to retire in Germany because his wife was German and his mother-in-law was very ill and relied on his wife for care. He claims that when he cleared the installation, he was advised by his personnel and transportation officer that he could ship his HHG at government expense whenever he decided to return to the United States. The transportation officer instructed him to keep a copy of his retirement orders and that would be all he needed to ship his HHG. When he returned the United States in December 2000, he went to the transportation officer at Fort Stewart, Georgia, and was informed that the time limit for shipping his HHG from Germany at government expense had expired. He comments that he was never informed of the change to the regulation and had no means to be made aware of any policy changes. He indicates that his mother-in-law passed away in 2000, and he and his wife decided to return home to Hinesville, Georgia. He indicates that his transportation officer misinformed and provided him incorrect instructions in regard to his HHG shipment entitlement at the time of his retirement. He states that it is his hope that his request for HHG shipment at government expense will be approved as an exception to policy because he was misinformed by his transportation officer, he was never advised of the changes to the regulations, and his retirement orders authorized him to ship HHG at government expense.

EVIDENCE OF RECORD: The applicant's military records show:

On 31 March 1984, he was honorably released from active duty for the purpose of retirement. At the time of his retirement, he held the rank and pay grade of sergeant first class/E-7 and he had completed a total of 20 years and 27 days of active military service.

An Installation Clearance Record (DA Form 137) on file, dated 29 March 1984, confirms that the applicant cleared through the transportation office prior to his separation. The record contains no specific information pertaining to the content of the briefings he was provided by the transportation officer or that gives any indication that he was advised that he had an unlimited time after his retirement to ship his HHG to the United States at government expense.

Orders Number 51-2, dated 28 February 1984, issued by Headquarters,
2^nd Armored Division (FWD), APO New York 09355, authorized the applicant’s travel to a location of choice for the purpose of retirement, effective 31 March 1984. This order showed the applicant’s authorized place of retirement as
Fort Dix, New Jersey, and his requested place of retirement as the 2^nd Armored Division (FWD), located in Germany. It also authorized his shipment of HHG to a home of selection (HOS).
On 3 April 2001, the applicant submitted a request for an exception to policy, requesting that he be allowed to ship his HHG from Germany to the United States at government expense. He indicated that his request should be approved because he was misinformed by his transportation officer, he was never informed of the change in policy restricting extensions, and his retirement orders authorized the shipment of his HHG at government expense.

On 25 April 2001, the Chief, Power Projection Logistics Division, Headquarters, United States Army Forces Command, Fort McPherson, Georgia, disapproved the applicant’s request. He cited paragraphs U5130, U5230, and U5365-F of the Joint Federal Travel Regulation (JFTR) as the basis for his disapproval and referred to the 36^th Comptroller General Rule 781, which limits extensions of the HHG shipment time limitation to 5 additional years beyond the 1 allotted year after retirement, for a total of 6 years.

Volume 1 (Uniformed Service Personnel) of the JFTR contains basic statutory regulations concerning official travel and transportation of members of the Uniformed Services. Paragraphs U5130, U5230, and U5365-F contain the policy and procedure pertaining to the shipment of HHG to a HOS by uniformed service personnel upon retirement. In effect, these paragraphs authorize a member travel and transportation allowances to a HOS selected by the member from his last permanent duty station (PDS) upon retirement. They state, in pertinent part, that a member on active duty is entitled to travel and transportation allowances to a home selected by the member from the last PDS upon retirement. They also establish time limitations for shipment of HHG and state, in pertinent part, that travel must be completed within 1 year from the active service termination date.

Extension provisions to the 1 year time limit are also provided for deserving cases under the Secretarial Process. This process allows for extensions based on an unexpected event beyond the member's control that prevents movement to a HOS within the specified time limit. An extension of the time limit may be authorized by the Secretarial Process if it's in the best interest of the service, or substantially to the benefit of the member, and not costly or otherwise adverse to the service. These extensions are approved for the specific period of time that the member anticipates is needed to complete the move and if additional time is required, the member may request a further extension. Paragraph U5012-I of Volume 1 of the JFTR provides the policy on restrictions to time limit extensions and states, in pertinent part, that a written time limit extension that includes an explanation of the circumstances justifying the extension may be approved for a specific additional time period using the Secretarial Process. However, extensions under this process will not be authorized if it extends travel and transportation allowances for more than 6 years from the separation/retirement date. These JFTR provisions and time limitations for the shipment of HHG were also in effect at the time of the applicant’s retirement.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1. The Board notes the applicant’s contention that he should be authorized to ship his household goods from Germany to the United States at government expense because his transportation officer misinformed him in regard to the time limitations imposed on the shipment of household goods. However, it finds insufficient evidence to support this claim.

2. By regulation, a member is allowed to ship HHG for up to 1 year after his retirement. In addition, extensions are authorized for up to 5 additional years in deserving cases approved under the Secretarial Process. However, in all cases shipment of HHG at government expense is limited to a total of 6 years after the date of retirement. After 6 years, any cost incurred as a result of the shipment of HHG is the responsibility of the member and not at government expense.

3. The evidence of record confirms that the applicant voluntarily elected to remain in Germany upon his retirement. Other than the applicant’s assertion, there is absolutely no evidence that would indicate he intended to return to the United States at any defined time or at the conclusion of a specific event. Therefore, the Board finds it reasonable to presume that at the time of his retirement he intended to remain in Germany indefinitely.

4. Further, there is no evidence that shows the applicant ever attempted to justify an extension to the regulatory time limitations on the shipment of his HHG after his retirement. Therefore, lacking specific evidence that confirms the applicant’s assertion that he was misinformed in regard to the time limitations for shipping his HHG, the Board is compelled to conclude that the requested relief is not warranted in this case.

5. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.

6. In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

__JHL__ _ _MKP__ __ENA__ DENY APPLICATION

                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records

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INDEX

CASE ID	AR2001060120
SUFFIX
RECON
DATE BOARDED	2001/12/04
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	1984/03/31
DISCHARGE AUTHORITY	AR 635-200 C12
DISCHARGE REASON	Retirement
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1. 1021	100.0000
2.
3.
4.
5.
6.