IN THE CASE OF:	  

		BOARD DATE:	  21 October 2008

		DOCKET NUMBER:  AR20080007209 


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, reinstatement of his initial transportation and travel entitlements.

2.  The applicant states, in effect, that given it has been less than five years since his retirement in November 2003, he remains within the 6 year maximum limit to request an extension of transportation and travel entitlements.  He states that he misunderstood his retirement counselor and believed his original request for an extension of his transportation and travel benefits was made for a five year period verses one year.  He also states that after recently learning that there is an annual requirement for requesting an extension of said benefits, he submitted a request on 14 January 2008, which was subsequently denied by the Installation Management Command (IMCOM).  The applicant states he may not even use his entitlement at all, but the fact that it is an entitlement should be justification enough.  He finally requests that the Army Board for Correction of Military Records (ABCMR) restore his entitlement to travel and transportation benefits as an exception to policy.

3.  The applicant provides a self-authored statement, dated 14 January 2008; Orders 129-03, dated 9 May 2003, as amended by Permanent Order 224-02, dated 12 August 2003; and Orders 129-04, dated 9 May 2003, as amended by Permanent Order 224-03, dated 12 August 2003, in support of his application.




CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records show that he enlisted in the Regular Army and entered active duty on 9 November 1982.  He was promoted to sergeant major (SGM) on 1 November 2001, and retired by reason of “sufficient service for retirement” on 30 November 2003.

2.  On 9 May 2003, Joint Special Operations Command, Fort Bragg, North Carolina, published Orders 129-03, which directed the applicant's release from active duty (REFRAD) for retirement effective 30 November 2003, and his placement on the Retired List on 1 December 2003.  These orders also provided the applicant authorization up to 1 year to complete selection of a home and travel in connection with his retirement.

3.  In 2004, the applicant was granted an extension of his household goods (HHG) shipment entitlement through 30 November 2005.  

4.  On 25 February 2008, in response to his request for an extension of his HHG shipment, the applicant was informed in a Headquarters, United States Army Garrison Command, Fort Bragg Memorandum that his travel and transportation entitlements expired on 30 November 2005, and that accordingly his request for an extension of these benefits was disapproved.  He was also advised that he could petition the Army Board for Correction of Military Records (ABCMR) for redress on this matter. 

5.  The Joint Federal Travel Regulation (JFTR) contains the policy on per diem, travel and transportation allowances, relocation allowances, and certain other allowances of Uniform Service members.  Paragraph U5012 contains guidance on permanent change of station (PCS) allowances.  Subparagraph I provides guidance on extensions of travel and transportation allowances when a member separates from service.  It provides, in pertinent part, for extensions of travel and transportation allowances may be granted for up to 6 years.  It further states that extensions beyond 6 years from the date of separation, release from active duty, or retirement, will not be authorized unless a certified ongoing medical condition prevents relocation of the member for longer than 6 years from the separation/
retirement date.  







DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his military travel and transportation allowances should be restored and the supporting documents he submitted were carefully considered.  By regulation, extensions of travel and transportation 
allowances are authorized for up to 6 years from the date of retirement.  

2.  The evidence of record confirms that after exhausting the initial one year period to his selection of home of record and travel authorization (1 December 2003 to 30 November 2004), the applicant was granted a 1-year extension of his HHG shipment entitlement through 30 November 2005.  The applicant admits that he did not request additional 1- year extensions; however, he claims this was due to his belief that his initial extension request covered the 5 year extension period authorized by regulation, and his not understanding that he had to request extensions in 1 year increments.

3.  Based on the applicant’s 30 November 2003 retirement, he could have been granted extensions of his HHG shipment entitlement for up to a total of 6 years, or an additional 5 years beyond the initial 1 year authorization, which would have taken him through 30 November 2009.  Given that the applicant believed his initial request for extension of his travel/transportation entitlements was made for 5 years, and because the regulation allows extensions of the HHG entitlement up to a total of 6 years, it would be appropriate and serve the interest of equity to grant the applicant a final  extension of his HHG shipment entitlement through 
30 November 2009, as an exception to policy.  

BOARD VOTE:

___x____  ____x___  ___x____  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 that as an exception to policy, he was granted extensions of his Household Goods shipping entitlement through 30 November 2009.



      ________x______________
               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)                                         AR20080007209



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ABCMR Record of Proceedings (cont)                                         AR20080007209



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