IN THE CASE OF:	  

		BOARD DATE:	      5 MARCH 2009

		DOCKET NUMBER:  AR20080018068 


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 he be granted an extension on the time he was authorized to make his final move upon retirement.  

2.  The applicant states that he was not told he had to request an extension of transportation entitlements prior to the expiration of his entitlements 1 year after he retired.  He states that he took a job teaching the Junior Reserve Officers' Training Corps in Van Buren, Arkansas, and was unable to sell his home prior to September 2008.  He states as soon as he sold his home he contacted the transportation office at Fort Leonard Wood, Missouri, and requested an extension of his entitlements but his request was denied.  He states he feels he did everything correctly and that he should not be penalized for not receiving the correct information during his retirement outprocessing.

3.  The applicant provides a copy of the disapproval of his request for reinstatement and extension of transportation entitlements.

CONSIDERATION OF EVIDENCE:

1.  U.S. Army Human Resources Command-St. Louis Orders C-05-690886, dated 11 May 2006, authorized the applicant's release from active duty for retirement on 31 July 2006 and his placement on the Retired List on 1 August 2006.  These orders also authorized him up to 1 year to complete selection of a home and to complete travel in connection with his retirement.

2.  On 31 July 2006, the applicant was honorably released from active duty for the purpose of retirement in the rank of master sergeant (E-8) and on 1 August 2006, he was placed on the Retired List.

3.  In an electronic mail message, dated October 2008, a member of the Office of the Deputy Chief of Staff, G-4, disapproved the applicant's extension of his travel and transportation shipping entitlement, as the applicant let his travel and transportation entitlement expire on 1 August 2007.  This electronic mail message also stated, in pertinent part, that their office did not have the authority to retroactively reinstate an expired entitlement and essentially recommended that the applicant apply to the Army Board for Correction of Military Records.

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 reinstatement and an extension of his retirement transportation entitlements was carefully considered.

2.  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.

3.  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 August 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 August 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 August 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 June 2009, and 1 June 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)                                         AR20080018068



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ABCMR Record of Proceedings (cont)                                         AR20080018068



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