RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        3 July 2007
      DOCKET NUMBER:  AR20060017366


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Eric N. Anderson              |     |Chairperson          |
|     |Mr. Scott W. Faught               |     |Member               |
|     |Ms. Ernestine I. Fields           |     |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 that his retirement transportation entitlements
be restored.  In a 27 December 2005 letter to the Joint Personal Property
Shipping Office (JPPSO), Colorado Springs, CO, he requested an extension of
his travel and transportation entitlements.

2.  The applicant states that the Army Board for Correction of Military
Records (ABCMR) corrected his records in April 2005 to show he was promoted
to lieutenant colonel (LTC) and to change his retirement date from 1 March
2000 to 1 June 2004.  The DD Form 215 (Correction to DD Form 214,
Certificate of Release or Discharge from Active Duty) changing his
retirement date was issued in September 2005.  In December 2005, he
requested reinstatement and extension of his expired storage and shipping
entitlements.  In February 2006, Headquarters, Department of the Army,
Deputy Chief of Staff for Logistics G-4 denied his request, stating that
travel and transportation entitlements are based on the original retirement
orders.

3.  The applicant states that he believes it is unjust to deny restoration
of his transportation entitlements.  He never executed a retirement move
due to the circumstances surrounding his retirement.  He was not able to
meet the regulatory timelines for extension/reinstatement of his expired
storage and shipping entitlements because corrective actions to his record
had not been completed.  He believes the ABCMR’s directive to correct all
records included eligibility for storage and shipping entitlements and the
G4’s use of uncorrected documents is in error.

4.  The applicant provides his DD Form 214 for the period ending 29
February 2000 and the DD Form 215 correcting that DD Form 214; his original
retirement orders, dated 25 March 1999; his amended retirement orders,
dated 1 August 2005; a letter, dated 27 December 2005, to the JPPSO,
Colorado Springs, CO; emails, dated January 2006, February 2006, and August
2006; and ABCMR Docket Number AR20040001888, dated 14 April 2005.

CONSIDERATION OF EVIDENCE:

1.  The applicant retired effective 1 March 2000 in the rank of major after
being nonselected for promotion to LTC.

2.  In the applicant’s 7 June 2004 application to the ABCMR, he stated that
in late 2003 he learned that the instructions for the fiscal years 1997,
1998, and 1999 LTC promotion boards had been legally challenged and
determined to contain unconstitutional instructions.  He stated that he
requested reconsideration for promotion to LTC on 12 November 2003.

3.  The applicant was subsequently selected for promotion to LTC with a
date of rank and effective date of 1 August 1998.  On 7 June 2004, he
applied to the ABCMR to correct his records to show, in part, that he
retired in May 2004 as an LTC.

4.  On 14 April 2005, in ABCMR Docket Number AR20040001888, the ABCMR
recommended that the applicant’s records be corrected, in part, to void his
retirement of 1 March 2000 and to show that he was placed on the retired
list on 1 June 2004 in the rank of LTC.

5.  On 1 August 2005, Headquarters, I Corps and Fort Lewis Military
Personnel Division, Fort Lewis, WA amended the applicant’s original
retirement orders to show he was placed on the retired list on 1 June 2004
in the rank of LTC.

6.  On 9 September 2005, a DD Form 215 was prepared to show the applicant
was released from active duty on 31 May 2004 [for the purpose of retiring
the following day] in the rank of LTC.

7.  On 27 December 2005, the applicant sent a letter to JPSSO, Colorado
Springs, CO requesting an extension of his retirement transportation
benefits.  On 23 February 2006, he was informed that his request was
disapproved because “travel and transportation entitlements are based on
the original retirement orders.”

8.  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.

9.  The Joint Federal Travel Regulation (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.

10.  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 contended, with his current application, that he never
executed a retirement move due to the circumstances surrounding his
retirement and that he was not able to meet the regulatory timelines for
extension/reinstatement of his expired storage and shipping entitlements
because corrective actions to his record had not been completed.

2.  It is noted that the applicant contended, in his 7 June 2004
application to the ABCMR, that in late 2003 he learned that the
instructions for the fiscal years 1997, 1998, and 1999 LTC promotion boards
had been determined to contain unconstitutional instructions and that he
requested reconsideration for promotion to LTC on 12 November 2003.  That
somewhat contradicts his current contention, which implies he had been
seeking correction of his retirement date since March 2000.  The travel and
transportation benefits are entitlements only for one year; extensions are
discretionary.  The applicant’s entitlements originally expired on 1 March
2001, and it appears he had no expectation of his retirement being adjusted
until late 2003.

3.  Nevertheless, the ABCMR’s original action in the applicant’s case
voided his retirement of 1 March 2000.  The ABCMR corrected his records to
show that “original” retirement date never existed.  The ABCMR further
corrected his records to show he remained on active duty until he retired
on 1 June 2004.

4.  Restoration of retirement travel and transportation entitlements would
not be a natural outcome of an ABCMR correction in a case such as the
applicant’s (unless specifically requested by the member).  To consider it
as a natural outcome could result in a member twice enjoying the benefits
of retirement travel and transportation entitlements.

5.  However, the applicant contends he never used his retirement travel and
transportation entitlements and is currently requesting those entitlements
based on his corrected retirement date of 1 June 2004.  Since his original
retirement of 1 March 2000 was voided, it would be equitable to restore
those entitlements effective 1 June 2004.

6.  The applicant’s records should now be corrected to show his retirement
travel and transportation entitlements became effective 1 June 2004 and
that he requested several one-year extensions of those entitlements, to be
effective       1 June 2005, 1 June 2006, and 1 June 2007.  Any future
extensions should be submitted to the appropriate travel office and
approval is at the discretion of the government.

BOARD VOTE:

__ena___  __swf___  __eif___  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 retirement travel and transportation entitlements became
effective    1 June 2004 and that he requested, and received, one-year
extensions of those entitlements to be effective on 1 June 2005, on 1 June
2006, and on 1 June 2007.  Any future extensions should be submitted to the
appropriate travel office and approval is at the discretion of the
government.




                                  __Eric N. Anderson____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060017366                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070703                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |100.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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