RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         1 June 2006
      DOCKET NUMBER:  AR20050012887


      I certify that hereinafter is recorded the true and complete record
of the proceedings 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:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. Thomas M. Ray                 |     |Member               |
|     |Mr. David K. Hassenritter         |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his military retirement
transportation entitlements be extended.

2.  The applicant states, in effect, he retired on 1 January 1994 in Korea,
where he was command sponsored.  He states that he obtained civilian
employment and remained in Korea.  He claims that at the time, employment
after retirement was foremost in his mind, and he did not consider
returning to the United States with his daughter.  He states that he was a
single parent at the time, and after successfully fulfilling his obligation
with several defense contractors in Korea, he was selected for and accepted
a civil service GS-11 position, which he started on 28 June 1999.  He
states that he was never afforded the opportunity to transfer his
retirement transportation entitlements to his civil service position.

3.  The applicant further indicates that since his retirement, he has
remarried and his eldest daughter, who originally accompanied him to Korea
has returned to the United States at his expense.  He states that he is now
in a position where he and his family would like to return to the United
States as civil service employee; however, unfortunately many of the GS-
13/14 positions that are announced stateside do not offer permanent change
of station (PCS) costs.  He claims it would be financially impossible for
him to ship his automobile and household goods at his own expense, and
selling everything would not be very practical, and an exception to the
extension rules would be the right thing to do.

4.  The applicant provides the following documents in support of his
application:  Separation Document (DD Form 214); Separation Orders;
Notification of Personnel Action (SF 50-B); and Electronic Mail (e-mail)
Messages.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred 31 December 1993.  The application submitted in this case is
dated
2 September 2005.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.
3.  The applicant's record contains 199th Personnel Service Company Orders
217-182, dated 22 November 1993.  These orders authorized the applicant's
retirement on 1 January 1994, in Korea.  They also authorized him and his
command sponsored dependents, household goods, accompanied and
unaccompanied baggage and privately owned vehicle were authorized
government funded travel from his overseas duty station to point of
debarkation in the United States, and from the debarkation point to a home
of selection, home of record, or place entered active duty.  Storage of
household goods at the debarkation point was authorized for up to one year.


4.  The applicant's separation orders also indicated that the applicant
pre-selected a retirement location, and was advised that this selection
constituted the place he intended to reside immediately after military
service for the purpose of transportation and travel allowances.  No fully
funded move to another home of settlement after retirement would be
authorized.

5.  On 31 December 1993, the applicant was released from active duty
(REFRAD) for the purpose of retirement after completing 21 years, 4 months,
and 17 days of active military service.  At the time, he held the rank of
sergeant first class (SFC).

6.  The applicant provides e-mail messages that show he attempted to obtain
travel and transportation allowances through the civilian personnel system,
which he was denied based on his civil service employment status in Korea.


7.  The Joint Federal Travel Regulation (JFTR)  contains the policy on per
diem, travel and transportation allowances, relocation allowances, and
certain other allowances of Uniform Service members.  Paragraph U5012
contains guidance on PCS allowances.  Subparagraph I provides guidance on
extensions of travel and transportation allowances when a member separates
from service.  It states, in pertinent part, that extensions will not be
authorized or approved if it extends travel and transportation allowances
for more than 6 years from the date of separation, release from active
duty, or retirement unless a certified ongoing medical condition prevents
relocation of the member for longer than 6 years from the
separation/retirement date.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that his military travel and transportation
allowances be extended and the supporting documents he submitted were
carefully considered.  However, there is insufficient evidence to support
granting the requested relief.

2.  By regulation, extensions of travel and transportation allowances are
not authorized for more than 6 years from the date of retirement.  In this
case, the evidence of record confirms the applicant made the personal
choice to select Korea as his retirement location in order to obtain
civilian employment, and he has remained there for more than 12 years since
his retirement in January 1994.

3.  The applicant was, or should have been aware of the 6 year limitation
on the extension of his military travel and transportation allowances at
the time of his retirement.  The fact that he is now contemplating a move
back to the United States based on his civilian employment opportunities
does not provide a basis to grant an exception the extension provisions of
the JFTR.

4.  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.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 1 January 2000, the date his 6 year
period for extension of military transportation and travel allowances
expired.  Therefore, the time for him to file a request for correction of
any error or injustice expired on 31 December 2003.  He did not file within
the 3-year statute of limitations and has not provided a compelling
explanation or evidence to show that it would be in the interest of justice
to excuse failure to timely file in this case.

BOARD VOTE:

___WDP_  __TMR  _  __DKH__  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  Notwithstanding the staff DISCUSSION AND CONCLUSIONS above, the Board
determined during their review that the evidence presented was sufficient
to warrant a recommendation for relief, as an exception to policy, and to
excuse failure to timely file.  The applicant, a Soldier at the time, was
ordered to move to Korea at government expense.  He subsequently retired
from active Army service and continued to work for the U.S. Government in
Korea as a contractor, followed by service as a civil service employee.
Therefore, the retired Soldier should be able to return to the United
States at government expense.

2.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by showing that his
entitlement to movement of dependents, accompanied and unaccompanied
baggage, and privately owned vehicle from debarkation point to a home of
selection, home of record, or place entered on active duty at government
expense was extended for a period not to exceed one year from the date of
implementation of this proceeding.




                                  ____William D. Powers___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050012887                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2006/06/01                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1994/01/01                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Retirement                              |
|BOARD DECISION          |Grant                                   |
|REVIEW AUTHORITY        |Mr. Scheider                            |
|ISSUES         1.       |128.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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