IN THE CASE OF:	  

		BOARD DATE:	      14 APRIL 2009

		DOCKET NUMBER:  AR20080017718 


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 ship his household goods.

2.  The applicant states that he recently spoke with a member of the Army Board for Correction of Military Records staff in reference to shipment and movement of household goods to his home of selection.  He claims that he was not aware of the 1-year extension to be granted under certain conditions.  He states that during his retirement brief, he was under the impression that as a retiree he had 2 years after the retirement date to ship personal property at government expense.  He admits that this was a misunderstanding about the shipments entitlements on his part.  He failed to utilize or seek an extension to his transportation entitlement before it expired.  He continues to state he has proudly served his country for 26 years in the U.S. Army and would like to continue to serve his country while being a member of the civilian service team.  He is aware of the extension as of now and would like to request an exception to policy to ship and store his household goods at his home selection at Robins Air Force Base, Georgia.  He states that he is currently a new Federal employee as of 1 September 2008 at Robins Air Force Base and still maintains a home in Lawton.

3.  The applicant provides a letter, dated 17 September 2008, from an Installation Transportation Officer at Fort Sill, OK, and email messages from the Installation Management Command regarding his expired transportation entitlement.



CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 14 November 1980.  At the completion of basic training and advanced individual training, he was awarded military occupational specialty 63S (heavy wheel vehicle mechanic).  He continued to serve on active duty through a series of reenlistments.  He was promoted to master sergeant (MSG)/E-8 on 1 September 2001.

2.  Headquarters, U.S. Army Garrison, Fort Sill, OK, Orders 236-0667, dated 24 August 2006, released the applicant from active duty on 30 November 2006 and on the following date placed him on the retired list in the rank of MSG.  The additional instructions on the orders indicated that he was authorized to submit a claim for travel and his family members to home of selection within 1 year of retirement date.  The orders indicated that a 1-year extension could be granted if he was undergoing medical treatment as an outpatient or for the purpose of completing education for employment purpose.  His home of record was indicated as Madison, GA.

3.  In a 17 September 2008 letter, the U.S. Army Installation Management Command, Fort Sill, OK, informed the applicant that his request for an extension of his travel and shipping entitlement received on 9 September 2008 was disapproved.  The letter stated the denial was based on Joint Federal Travel Regulation (JFTR), paragraph U5365-F, which specified that yearly extension was required.  Since he did not apply within the first year of his retirement, his request was denied.  He was advised that he had the right to appeal to the ABCMR.

4.  Volume 1 (Uniformed Service Personnel) of the 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 an HOS 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.

5.  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 an HOS within the specified time limit.  An extension of the time limit may be authorized by the Secretarial Process if it is 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 an extension of entitlement to ship his household goods was carefully considered.

2.  The applicant was released from active duty on 30 November 2006 and placed on the retired list on 1 December 2006.  He did not use his shipment entitlement of his household goods at that time.

3.  It appears the applicant submitted a request for an extension of his travel and shipping entitlement in September 2008, 2 years subsequent to his retirement date.  Since he did not apply within the first year of his retirement, the request was denied.

4.  The JFTR does indicate 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.  While it is clear that the applicant failed to submit a request for extension in a timely manner, it is presumed that had the applicant filed his extension request on time, it would have been granted.

5.  It is clear that the only reason for denying the applicant's extension request was his failure to submit the request in a timely manner.  Although the applicant failed to timely file a request for extension of his travel and transportation entitlements, it would be appropriate and serve the interest of justice to correct his record to show he was granted the necessary 1-year extensions of his earned and authorized retirement travel and transportation entitlement through 1 December 2009 in order to allow his move to a designated retirement location at Government expense.

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 he was granted the necessary 1-year extensions through 1 December 2009 of his earned and authorized retirement travel and transportation entitlement in order to allow his move to a designated retirement location at Government expense and by reimbursing him the authorized amount if his move has already been accomplished at his own expense.  If the move has not been accomplished, the applicant is cautioned that he must submit future extension requests (i.e., another 1-year extension for the period ending 1 December 2009 and separate requests for the periods ending in 2010 through 2012 through normal transportation office channels and are subject to government approval.  It is recommended that he submit future extension requests not later than 60 days before his entitlement is to expire (i.e., not later than 1 October 2009, and 1 October 2010, etc.).



      _____________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)                                         AR20080017718



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ABCMR Record of Proceedings (cont)                                         AR20080017718



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