RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  18 March 2008
	DOCKET NUMBER:  AR20070009017 


	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

Ms. Deyon D. Battle

Analyst


The following members, a quorum, were present:


Mr. Richard T. Dunbar

Chairperson

Mr. Gerald J. Purcell

Member

Ms. Rea M. Nuppenau

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 that he believes that the transportation office at Fort Leonard Wood, Missouri, is in error as he had requested an extension on 5 January 2006.  He states that if his request had been approved he would have been well inside the required window for extension.

3.  The applicant provides in support of his application, a copy of a memorandum dated 5 January 2006, requesting a transportation entitlement extension; copies of letters dated 16 March 2005, 2 March 2004, and 13 February 2003, approving his entitlement to ship his household goods beyond the 1-year basic entitlement; and a copy of electronic mail dated 8 June 2007, regarding his request for extension of shipping entitlements.

CONSIDERATION OF EVIDENCE:

1.  Department of the Army Orders number 162-0357, dated 11 June 2001, authorized the applicant's release from active duty for retirement on 28 February 2002, and his placement on the Retired List on 1 March 2002.  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 28 February 2002, the applicant was honorably released from active duty for the purpose of retirement in the rank of chief warrant officer four (CW4), and on 1 March 2002, he was placed on the Retired List.  

3.  On 13 February 2003, 2 March 2004, and 16 March 2005 the United States Army Maneuver Support Center and Fort Leonard Wood, Missouri, approved the applicant’s requests for extension of his entitlement to ship his household goods beyond the 1 year basic entitlement date.

4.  In a memorandum dated 5 January 2006, addressed to the Transportation Officer, Fort Leonard Wood, Missouri, the applicant requested his fourth extension of his retirement travel and transportation entitlements.  In his request the applicant stated that he was requesting a civilian permanent change of station move to either Warren, Michigan or Natick, Massachusetts.  He also stated that he was not sure of the time frame or the geographic location; 
therefore, he was requesting an extension on the possibility of a prospective move to either of the two areas.  The applicant's request for extension of his retirement travel and transportation entitlements was denied.

5.  The applicant provides e-mails addressed to and from several individuals, regarding his request for reinstatement and extension of his retirement travel and transportation entitlements. 

6.  In an e-mail, dated 8 June 2007, an official of the United States Army Installation Management Command, West Region, Fort Sam Houston, Texas, disapproved the applicant's request for reinstatement of his expired travel and transportation entitlements.  This e-mail also stated, in pertinent part, that their office did not have the authority to retroactively reinstate an expired entitlement, and essentially recommended that the applicant apply to the Army Board for Correction of Military Records.  

7.  Volume 1 (Uniformed Service Personnel) of the Joint Federal Travel Regulations (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 household goods (HHG) to a home of selection (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.  

8.  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 further extension of his retirement transportation entitlement was carefully considered.  

2.  The JFTR does indicate that retirement transportation and travel entitlements will be used within 1 year from the date of retirement; however, it also provides for extension of entitlements in 1 year increments up to five additional years, or a total of 6 years.  The applicant failed to submit a request for extension in a timely manner; therefore his request was denied. 

3.  The evidence of record shows that the applicant was granted three extensions in shipping his household goods beyond his 1 year basic entitlement dates.  According to the United States Army Maneuver Support Center and Fort Leonard Wood, his request dated 5 January 2006, was not received in a timely manner.  His contention regarding his request for a civilian permanent change of station move has been noted.  However, it is not a sufficient justification for his failure to utilize his transportation entitlement over the past 5 years. 

4.  Additionally, in accordance with the applicable regulation, extension provisions to the 1 year time limit are provided for deserving cases under the Secretarial Process and the applicant has not provided convincing evidence or argument to support continuing to extend his retirement travel and transportation entitlements.

5.  In order to justify correction of a military record the applicant must show 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.





BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__RMN__  __GTP__  __RTD___  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.




____Richard T. Dunbar____
          CHAIRPERSON




INDEX

CASE ID
AR20070009017
SUFFIX

RECON

DATE BOARDED
20080318
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.  297
128.1400/TRAVEL ENTITLEMENT
2.

3.

4.

5.

6.