IN THE CASE OF:
BOARD DATE: 12 November 2009
DOCKET NUMBER: AR20090002387
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 she be granted an extension of her household goods (HHG) shipping entitlements and that she be authorized to ship her HHG to her home of record (HOR).
2. The applicant states that she was never briefed as required by the Army on HHG shipment; therefore, she did not know that she had to get an extension within 1 year. She goes on to state that her orders separating her from the Army state that she was entitled to have her HHG shipped to her HOR; however, it does not specify a time limit. She further states that she has been a Department of the Army (DA) civilian (within 6 months of exiting the Army). She is currently still a DA civilian and is now requesting this process because her new unit did not authorize a permanent change of station HHG shipment.
3. The applicant provides a copy of her discharge orders and her DD Form 214 (Certificate of Release or Discharge from Active Duty).
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 was serving as an attack helicopter aviator at Fort Rucker, Alabama, in the rank of chief warrant officer three when orders were published on 7 September 2005 directing her discharge by reason of disability with severance pay (10 percent).
3. Her orders specified that she was authorized to ship her HHG to her HOR or place of entry on active duty.
4. A DD Form 2648 (Preseparation Counseling Checklist) contained in her official records shows that the applicant declined relocation assistance for travel and transportation allowances. There is also an annotation at the top of the form indicating "planning to work for Camber working on Apache projects." [Camber Corporation is a defense contractor headquartered in Huntsville, Alabama.]
5. On 12 October 2005, the applicant was honorably discharged under the provisions of Army Regulation 635-40, paragraph 4-24b(3), due to disability with severance pay. She had served 9 years, 8 months, and 23 days of total active service and was paid approximately $70,446.00 in severance pay benefits.
6. The applicant's application to the Board was received on 6 January 2009 and is postmarked 31 December 2008.
7. Volume 1 (Uniformed Service Personnel) of the Joint Federal Travel Regulation contains basic statutory regulations concerning official travel and transportation of members of the Uniformed Services. Paragraph 5130 contains the policy and procedures pertaining to the shipment of HHG to a home of selection by uniformed service personnel who are discharged with severance pay. It provides, in pertinent part, that the time limit for shipment of HHG is 1 year from the active service termination date. An extension of the 1-year time limit may be authorized/approved by the Secretarial process for a period not to exceed 6 years when an unexpected event beyond the member's control prevents the member from moving within the specified time limit.
DISCUSSION AND CONCLUSIONS:
1. While it is recognized that the applicant's discharge orders do not specify that she had a 1-year time limit for shipping her HHG, it is also recognized that the applicant declined the transition assistance for transportation and travel prior to her discharge.
2. The evidence suggests that she intended to remain in the area at the time and apparently believed that she did not need to make an HHG move based on her circumstances at the time. This is further supported by the fact that she was discharged in October 2005 and that she did not submit her application to the Board until January 2009.
3. Although there are exceptions to the 1-year shipping requirement, the applicant has failed to show through the evidence submitted with her application and the evidence of record that an exception is warranted in her case.
4. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board or it must otherwise satisfactorily appear that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
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.
__________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) AR20090002387
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