RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        6 March 2007
      DOCKET NUMBER:  AR20060011682


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Scott W. Faught               |     |Member               |
|     |Mr. Roland S. Venable             |     |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 records be corrected to
show he requested extensions of his retirement travel and transportation
entitlements.

2.  The applicant states he initially acquired an extension for his first
one-year extension, when he was notified by mail of termination of his
entitlements for shipment of his household goods.  The following year, he
received no notification and was in the process of relocating his family
here in Newport News, VA.  During that time, he failed to request a second
extension of his entitlements.

3.  The applicant states he followed the instruction of the transportation
specialist at Fort Eustis, VA, who assured him there should be no problem
in extending his entitlement and stated that the process is flawed and
should be automatically extended for five years as entitled.

4.  The applicant states he may not even use his entitlement at all, but
the fact that it is an entitlement should be justification enough.  He just
needed to extend (or reinstate) his entitlement until the completion of his
second son’s final year of high school in June 2007, at which time he is
looking to possibly furthering his Federal service in the Washington, DC
area.  Having that entitlement there to cover some of the expenses of
relocating his family would be very helpful.

5.  The applicant provides an Installation Management Agency, Fort Monroe,
VA memorandum, dated 23 June 2006; and a U. S. Army Transportation Center,
Fort Eustis, VA memorandum, dated 7 July 2006.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 2 November 1982.  He was
promoted to Staff Sergeant, E-6 on 1 August 1995.  He retired for length of
service on 1 December 2002.

2.  By memorandums dated 23 June 2006 and 7 July 2006, the applicant was
notified that his shipping and travel entitlements had expired and could
not be reinstated.

3.  The Joint Federal Travel Regulation (JFTR), 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.

4.  The JFTR, paragraph U5365 states 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.

5.  The JFTR states an extension must not be authorized/approved if it
extends travel and transportation allowances for more than 6 years from the
date of separation or release from active duty or retirement unless a
member’s certified on-going medical condition prevents relocation of the
member for longer than     6 years from the separation/retirement date.

DISCUSSION AND CONCLUSIONS:

1.  The applicant acknowledges that he received his first one-year
extension of his travel and transportation entitlements.  Even if he was
not “notified by mail of termination of his entitlements for shipment of
his household goods...[T]he following year,” reasonable diligence on his
part should have told him not to wait until he was notified his entitlement
terminated.  As he was located in Newport News, VA, within easy access of
the Fort Eustis transportation office, the fact he was in the process of
relocating his family to Newport News, VA was not a sufficient
justification for his failing to request a second extension of his
entitlements.

2.  The applicant contended he followed the instruction of the
transportation specialist at Fort Eustis, VA, who assured him there should
be no problem in extending his entitlement.  The applicant should have
understood, however, that when the transportation specialist told him his
entitlement should be automatically extended for five years, that
individual was giving the applicant his/her personal opinion.

3.  As for the assurance that there should have been no problem in
extending the applicant’s entitlement, there probably would not have been a
problem had the applicant requested further extensions in a timely manner.
Although the JFTR contains restrictive language (e.g., extension of the 1-
year time limit may be authorized/approved when an unexpected event beyond
the member’s control occurs; if in the best interest of the Service;
substantially to the member’s benefit and not more costly or adverse to the
Service), it appears the practice of extending the time limit is more
liberal.  The applicant’s first request for extension would have been made
around November 2003.  However, it appears he did not again request an
extension until around June 2006.

4.  The applicant should note that the “entitlement” to travel and
transportation is limited to the 1-year period following retirement.  An
extension of the 1-year time limit may be authorized/approved.  A member is
not entitled to an extension.  One of the JFTR’s restrictions is that the
extension not result in an increased cost to the Government.  As inflation
is the norm in the American economy, any extension, and particularly the 5-
year extension the applicant is currently requesting, would result in an
increased cost to the Government.

5.  The applicant provides insufficient evidence/justification that would
warrant granting the relief requested.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__jea___  __swf___  __rsv___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.




                                  __James E. Anderholm__
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060011682                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070306                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.       |100.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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