IN THE CASE OF:
BOARD DATE: 24 June 2008
DOCKET NUMBER: AR20080004464
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that his records be corrected to show he requested an extension of entitlement to shipment of his household goods.
2. The applicant states, in effect, in accordance with the Installation Transportation Office, he failed to submit an annual request to have his entitlement extended. His understanding was that the entitlement could be used anytime within the 5-year period after retirement. He is requesting the movement of his household goods upon the sale of his home within 20 miles of his new home.
3. The applicant provides a letter dated 24 January 2008; and XVIII Airborne Corps and Fort Bragg Orders 103-0254, dated 12 April 2004.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant was appointed as a Reserve Commissioned Officer of the Army in the rank of Second Lieutenant (2LT)/O-1 on 12 May 1979 and entered active duty on 15 July 1979. He was promoted to Lieutenant Colonel (LTC)/O-5, on
1 April 1996. He retired for length of service on 31 July 2004.
3. By letter to the Directorate of Logistics, Transportation Office, Fort Bragg, North Carolina, dated 24 January 2008, the applicant requested an extension of the entitlement to move his family and all accompanying household goods. The
applicant stated upon his retirement he received a transition briefing that indicated that retirees had up to one year to move but could be extended for an additional four years. He did not realize that annual written requests for extensions were required.
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 members 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 members benefit and not more costly or adverse to the Service.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his understanding was that the entitlement to move his household goods could be used anytime within a 5-year period after retirement. However, in his letter to the Directorate of Logistics, Transportation Office, dated 24 January 2008, he stated upon his retirement he received a transition briefing that indicated that retirees had up to one year to move but this could be (emphasis added) extended for a additional four years. He stated he did not realize that annual written requests for extensions were required.
2. It is not credible to believe that the applicant, a senior commissioned officer, did not realize that could implied an extension was not automatic and that perhaps he should check out the requirements to obtain that extension before his 1-year time limit expired.
3. An extension may normally be granted in two circumstances. One, when an unexpected event prevents the member from moving to the home of selection within the 1-year time limit; or two, when it is in the best interest of the Service or substantially to the members benefit and not more costly or adverse to the Service.
4. The applicant provides insufficient evidence to show that an unexpected event prevented him from using his transportation entitlement within one year of his retirement. In addition, granting an exception obviously would be to the applicants benefit; however, in the absence of evidence showing that the cost of moving his household goods today would be less expensive than the cost would have been had he moved them prior to 31 July 2005, there is insufficient evidence to show that granting an extension would meet the criteria of not being more costly to the Service.
5. In view of the above, there is no basis for granting the relief requested.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__xxx __ __xxx_ _ ___xxx_ _ 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.
____ xxxxxxx __
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080004464
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080004464
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130011305
The applicant requests, in effect, correction of his records to show approval for additional extensions of his retirement transportation entitlement. The evidence of record supports the applicant's request for reinstatement of his expired transportation entitlement. The applicant's retirement orders clearly state his transportation entitlement would expire within a year and the record shows a request for extension of his entitlement was approved within a year of his retirement.
ARMY | BCMR | CY2010 | 20100019977
The JFTR indicates 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 5 additional years, or a total of 6 years. Notwithstanding the Department of the Army G-4's e-mail message that extension is not authorized, it seems appropriate to approve the applicant's requests for extension and reinstatement of her HHG shipment entitlements through 31 May 2011 (3 years...
ARMY | BCMR | CY2012 | 20120007262
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 extension of his earned and authorized retirement travel and transportation entitlement in order to allow him move to a designated retirement location at government expense. Notwithstanding the Department of the Army G-4's opinion that an extension is not...
ARMY | BCMR | CY2009 | 20090004327
e. A chronological listing, titled: Notes to Support Extension of Transportation Request, showing the applicant's efforts in requesting an extension of his travel and transportation entitlements post-retirement. On 13 October 2008, the applicant requested that his retirement home of selection travel and transportation entitlements be reinstated. Paragraph U5012-I of the JFTR states that a written time limit extension that includes an explanation of the circumstances justifying the...
ARMY | BCMR | CY2012 | 20120005606
The applicant's retirement orders stated he had 1 year to complete a move. Additional extensions beyond 28 February 2015 (6 years after his retirement) would not be authorized. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the applicant timely requested and received approval for annual extensions of his retirement transportation entitlements through 28 February 2013.
ARMY | BCMR | CY2012 | 20120009533
On 8 September 2011, the Army Board for Correction of Military Records (ABCMR) granted relief by correcting the applicant's records to show she timely requested and received approval for annual extensions of her retirement transportation entitlements through 30 April 2012 (6 years after her retirement). 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. However, there is...
ARMY | BCMR | CY2006 | 20060011682C071029
Roland S. Venable | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, that his records be corrected to show he requested extensions of his retirement travel and transportation entitlements. A member is not entitled to an extension.
ARMY | BCMR | CY2009 | 20090008114
They also establish time limitations for shipment of HHG and state that travel must be completed within 1 year from the active service termination date. Notwithstanding HQDA G-4's disapproval of his extension request, based on the applicant's unforeseen medical conditions, it would be appropriate to approve the applicant's requests for extension and reinstatement of his HHG shipment entitlements as an exception to policy through 28 February 2011. As a result, the Board recommends that all...
ARMY | BCMR | CY2010 | 20100021689
The applicant provides his retirement orders, an e-mail exchange among Army offices regarding his request for extension, and a copy of his extension request. The applicant's retirement orders clearly state his transportation entitlement would expire within a year, and he admits, in effect, that he failed to follow procedures for extending his entitlement. Relief granted in this case should be limited to his past failure to make timely requests for extension and should have the effect of...
ARMY | BCMR | CY2011 | 20110006408
They state 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. Evidence of record shows the applicant retired on 29 February 2004. There is no evidence and he did not provide any to show that even if he had submitted his request for an extension of his travel entitlement in a timely manner, he would have been granted that extension given the fact that he had already been granted five...