RECORD OF PROCEEDINGS


	IN THE CASE OF:	 


	BOARD DATE:	  17 April 2008
	DOCKET NUMBER:  AR20080001995 


	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. C. C. M.

Director

Ms. J. A. W.

Analyst

The following members, a quorum, were present:


Mr. T. K.

Chairperson

Mr. J. L. P.

Member

Mr. D. T.

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 she be provided an extension of her transportation and shipping entitlements. 

2.  The applicant states, in effect, that she was denied an extension of her transportation and shipping entitlements due to a misunderstanding on her part.  She retired on 30 September 2004.  She incorrectly believed she had 3 years from the time of her retirement to utilize her benefits.  On 9 February 2007, she contacted Fort Sam Houston, Texas, regarding the use of her benefits and, to her surprise, she was informed there was only a 1 year eligibility.  She was instructed to apply to this Board for relief.  She states that she has not used any retirement transportation or shipping entitlements.  She accepts responsibility for this factual misunderstanding on her part.  However, had she known the deadline was 12 months she would have filed for an extension in a timely fashion.  She served the Army honorably and hopes that the Board would carefully consider her request for an extension. 

3.  The applicant provides a copy of a letter to the Logistics Division, dated 12 February 2007; a copy of a letter from the Transportation Division, dated 30 November 2007; and a copy of retirement orders, dated 8 April 2004, in support of her request.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's records show that she was appointed in the United States Army Reserve (USAR), as a second lieutenant, effective 9 May 1981.  She was promoted to colonel (COL/O-6) with an effective date of 30 September 1998. 

3.  The applicant served until she was separated for the purpose of retirement on 30 September 2004.  She was placed on the Retired List effective 1 October 2004, in the rank and pay grade of COL/O-6. 

4.  The applicant provided a copy of Orders Number 195-0121, dated 13 July 2004, which reassigned her to the US Army Transition Point, Fort Sam Houston, for separation processing.  She was ordered to report to Transition Services, Bldg 2263, Room 200, on 14 July 2004.  As part of her processing, she was required by Army Regulation 600-8-7 (dated 1 June 2000), the regulation under which transition points operate to undergo a preretirement briefing between the time the retirement application was submitted and 120 days before the retirement date.  Topics to be covered during preretirement briefings included, among other topics:  the Survivor Benefits Program (SBP); medical and dental benefits; transition leave and permissive temporary duty (PTDY); and travel and shipment of household goods.  The Transition Point was required to verify that a Soldier attended a Preretirement Briefing before completing final out-processing.

5.  The applicant provided a copy of her retirement orders, dated 8 April 2004, which indicated in item c, of the additional instructions section, that she was authorized up to 1 year to complete selection of a home and travel in connection with this action. 

6.  The applicant provided a copy of a letter that she wrote to the Logistics Division, USAG (US Army Garrison), Transportation Division, Fort Sam Houston. She requested an eligibility extension for movement of household goods.  She retired from active duty on 30 September 2004, at Fort Sam Houston.  She had never previously requested movement of household goods related to her retirement orders.  She was unaware that her eligibility had expired.  She stated that the staff, Logistics Division, had informed her on 9 February 2007 that her request needed to be filed 1 year after retirement.  She is now asking for a favorable consideration that would permit her to ship her household goods until September 2008. 

7.  The applicant provided a copy of a letter from the Transportation Division, dated 30 November 2007, which responded to her request.  Her request was disapproved. Officials indicated that her orders provided her 1 year to complete selection of a home and travel in connection and with this action.  They advised her that her entitlement expired on 30 September 2005.  She was informed that her final avenue or recourse was to apply to this Board for relief.


8.  Volume 1, Joint Federal Travel Regulations (JFTR) paragraph U5365, states in part, “A member on active duty is authorized HHG (Household Goods) transportation from the last or any previous PDS (Permanent Duty Station), from a CONUS (Continental US) designated place, from anywhere the member elects, from storage, or any combination thereof, to the member's HOS (Home of Selection) when the member is retired for with pay for any other reason.  Except for member undergoing hospitalization, medical treatment, education or training, or in other deserving cases, household goods must be turned over for transportation within one-year following termination of active duty.  Household goods transportation is authorized to a place other than the member's home of selection, or part to the home of selection and part to some other place, provided the member bears all costs in excess of transportation in one lot to the home of selection, HOR (Home of Record), or the PLEAD (Place of entry on active duty), whichever provided the greatest entitlement.”

9.  Army Regulation 600-8-7 governs the Retirement Services Program.  It prescribes the policies governing military personnel retirement services, the SBP, and the CAS (Chief of Staff, Army) Retiree Council.  Chapter 3 pertains to Preretirement Services.  Subparagraph 3-1 pertains to preretirement briefing policy.  It states that Soldiers must receive a preretirement briefing between the time the retirement application is submitted and 120 days before the retirement date (or date of departure on transition leave).  As a minimum, the following topics will be covered during a Preretirement Briefing:  SBP; medical and dental benefits (to include TRICARE, space-available care in military treatment facilities, supplemental insurance, demonstration projects, and the Continued Health Care Benefit Program (CHCBP)); transition leave, PTDY; travel and shipment of household goods; Army Career and Alumni Program presentation; and other topics as directed by the ODCSPER (Office of the Deputy, Chief of Staff for Personnel).  Transition Points will verify that a Soldier has attended a Preretirement Briefing before completing final outprocessing.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was ordered to report to the Transition Point on 14 July 2004.

2.  The Transition Point operates under policy and guidelines established in Army Regulation 600-8-7.

3.  Prior to her retirement, the applicant was required to undergo a preretirement briefing.  As part of this briefing, she was required to receive a briefing on travel and shipment of household goods. 

4.  It is not reasonable that a Colonel would misunderstand the 1 year time limitation on selection of a final home and transportation of household goods to that location.  From 14 July 2004 to her retirement date, there was ample time for the applicant to have clarified any questions or misunderstanding she might have had. 

5.  The evidence of record shows that she had 1 year from the date of her retirement, 30 September 2004, to move her household good from her last permanent duty station to a new home of selection of her choice.  Her orders clearly stated these instructions.  

6.  It is noted that the applicant assumed that she had 3 years to file an extension and was unaware that her eligibility to file an extension had expired.  She was informed that extension requests must be filed 1 year after retirement; however, the applicant requested an extension for movement of her household goods and was denied.  There is no evidence to show that a human error occurred or that an error was made in the publication of her retirement orders; therefore, she is not entitled to an extension of her transportation and shipping entitlements to a designated location until 30 September 2008.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__JP____  ___TK___  __DT____  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.



____T. S. K.____
          CHAIRPERSON