RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        28 June 2007
      DOCKET NUMBER:  AR20060017414


      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             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Mr. William F. Crain              |     |Member               |
|     |Mr. Dean A. Camarella             |     |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 he be granted an extension on
the time he was authorized to make his final move upon retirement.

2.  The applicant states, in effect, he was placed on the Retired List on 1
January 2005; however, due to his son graduating from high school in June
2006, his family needed to remain in the area until his son's graduation.
He states that he should have requested a 1 year extension of his
transportation entitlement in January 2006; however, due to being on travel
at that time, it slipped his mind.  After contacting the Joint Personnel
Property Shipping Office (JPPSO) at Fort Belvoir, Virginia, he requested a
1 year extension that was subsequently denied.

3.  The applicant provides his Retirement Orders with Amendments and
Electronic Mail (e-mail) Messages, dated between 30 June and 10 July 2006
in support of his application.

CONSIDERATION OF EVIDENCE:

1.  On 5 August 2004, United States Army Garrison Fort Belvoir, Fort
Belvoir, Virginia, Orders Number 218-0003, as amended in Orders Number 292-
0007, authorized the applicant's release from active duty for retirement on

31 December 2004, and his placement on the Retired List on 1 January 2005.
These orders also authorized him up to 1 year to complete selection of a
home and to complete travel in connection with his retirement.

2.  On 31 December 2004, the applicant was honorably REFRAD, in the rank of
lieutenant colonel, for the purpose of retirement, and on 1 January 2005,
he was placed on the Retired List.

3.  On 30 June 2006, the applicant requested a reinstatement and extension
of his retirement transportation entitlement and shipment of his household
goods (HHG) through 31 December 2006.  He stated the reason for the
extension request was that his family had not yet made a selection of new
home and had not yet used their last move transportation entitlement
authorized by his retirement.

4.  On 10 July 2006, in an e-mail message to the applicant, a
representative from the Office of the Army G-4 informed the applicant that
by law, they were unable to authorize an extension of his transportation
entitlement retroactively, and he advised the applicant to apply to this
Board for relief.

5.  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.

6.  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 AND CONCLUSIONS:

1.  The applicant's request for reinstatement and extension of his
retirement transportation entitlements was carefully considered and found
to have merit.

2.  The JFTR does indicate that retirement transportation and travel
entitlements will be used within 1 year of retirement; however, it also
provides for extensions of this entitlement in 1 year increments up to five
additional years, or a total of six
years.  Extensions to allow family members to complete high school are
routinely granted under these extension provisions and it must be presumed
that had the applicant filed his extension request on time, it would have
been granted in this case.
3.  It is clear that the only reason for denying the applicant's extension
request was his failure to submit the request in a timely manner.
Therefore, given he has explained the circumstances that led to his failure
to submit the extension request on time, it would be appropriate and serve
the interest of justice to correct his record to show he was granted the
necessary 1 year extensions of his earned and authorized retirement travel
and transportation entitlement in order to allow his move to a designated
retirement location at Government expense.

BOARD VOTE:

__JTM __  __WFC__  __DAC  _  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 he was granted the necessary 1 year extensions through
31 December 2007 of his earned and authorized retirement travel and
transportation entitlement, in order to allow his move to a designated
retirement location at Government expense; and by reimbursing him the
authorized amount if his move has already been accomplished at his own
expense.  If the move was not previously accomplished, any future
extensions should be requested through normal transportation office
channels and are subject to government approval.




                                  _____John T. Meixell______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060017414                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/06/28                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |2004/12/31                              |
|DISCHARGE AUTHORITY     |AR 600-8-24                             |
|DISCHARGE REASON        |Retirement                              |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |128.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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