IN THE CASE OF:	  

		BOARD DATE:	       7 APRIL 2009

		DOCKET NUMBER:  AR20080007955 


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 that his expiration of term of service (ETS) date be extended to allow him to ship his household goods (HHG) and to move himself and his family to his home of record (HOR) or to his home of selection (HOS).  

2.  The applicant states that upon his discharge from the military, he was employed by the Department of Defense (DoD) at his last duty station overseas.  He has held a temporary or term position for the past 4 years.  His last term position has not been extended so he is no longer employed by the DoD.  He states he would like to pursue a Government position in the United States.  

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty); five Notification of Personnel Actions; and his Discharge Orders 352-027, dated 18 December 2003, in support of his application.  

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 enlisted in the Regular Army on 14 July 1993.  His DD Form 4/1 Enlistment/Reenlistment Document shows his home of record (HOR) as Fayetteville, NC.  At the completion of basic training and advanced individual training, he was awarded military occupational specialty 94B (food service specialist).  His highest grade attained was sergeant, E-5.  He continued to serve on active duty through two reenlistments.  

3.  Department of the Army, Wiesbaden Transition Center Orders 352-027, dated 18 December 2003, show the applicant was being processed for separation from the Regular Army on 29 March 2004.  Subparagraphs (i) and (j) of the additional instructions state, in pertinent part, "You are authorized travel, shipment of household goods, unaccompanied baggage and privately owned vehicle to your home of record or place of entry on active duty" and "Nontemporary storage of household goods is authorized for 180 days."  

4.  The applicant was discharged on 29 March 2004 under the provisions of Army Regulation 635-200, chapter 4 for completion of required active service.  

5.  While in Germany, the applicant was employed in temporary civilian positions under appointments not to exceed 1 year.  His Notification of Personnel Actions show his appointments were extended in March 2004, May 2004, February 2005, September 2005, and March 2007.

6.  Volume 1 of the Joint Federal Travel Regulation (JFTR), paragraph U5360 contains guidance on the HHG transportation entitlements of members separated from the service or relieved from active duty except for discharge with severance or separation pay.  Subparagraph G states that authorization for HHG transportation terminates on the 181st day following separation from the Service or relief from active duty unless a written application for HHG transportation is turned in to a transportation officer or a designated representative before the expiration of the 180th day.  When a HHG transportation application is made within 180 days, HHG must be turned over for transportation as soon as practicable after the submission.  The transportation officer or designated representative determines "practicability" based on the facts and circumstances in each case.  In hardship cases, a time limit extension may be authorized/approved for a specific additional period of time through the Secretarial Process.  

7.  Subparagraph G continues by stating that the time limit extension for transportation in no way extends the Government's obligation for storage costs for longer than the period authorized/approved under paragraph U5360-B (i.e., at the expiration of the 180th day).

DISCUSSION AND CONCLUSIONS:

1.  The applicant states that his last term position has not been extended so he is no longer employed by the DoD.  He would like to pursue a Government position in the United States.  However, there is no evidence of record which shows that the Government made a commitment to provide him and his family transportation benefits back to the United States should his position be terminated.  

2.  The applicant was discharged from active duty on 29 March 2004 upon the completion of his required active service.  The Wiesbaden Transition Center Orders 352-027, dated 18 December 2003, informed the applicant that he was authorized to ship HHG to his HOR or place of entry on active duty.  

3.  However, paragraph U5360 states that authorization for HHG transportation terminates on the 181st day following separation from the Service or relief from active duty unless a written application for HHG transportation is turned in to a transportation officer or a designated representative before the expiration of the 180th day.  

4.  The applicant was only authorized transportation to his HOR and it had to be completed within 180 days (6 months).  Since he did not utilize his transportation entitlements within the allotted timeframe his entitlement for HHG transportation and travel terminated at the expiration of the 181st day following his separation from the Service.  He provides no evidence to show he would have required a time limit extension for hardship reasons.

5.  Therefore, there appears to be no basis for granting the applicant's request.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  _____X___  _____X___  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.




      _______ _   XXX_______   ___
               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)                                         AR20080007955



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ABCMR Record of Proceedings (cont)                                         AR20080007955



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