IN THE CASE OF:	

		BOARD DATE:	       14 OCTOBER 2009

		DOCKET NUMBER:  AR20090004327 


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 entitlement to shipment of household goods (HHG) and family travel to include travel expenses for the relocation of two privately owned vehicles (POV) upon his retirement be extended until 30 January 2010.

2.  The applicant states, in effect, that he was not properly counseled or advised by appropriate officials during his retirement out-processing briefing that he could request a yearly extension of HHG and travel entitlements post-retirement.

	a.  He states that his initial plan was to remain in the general area and not immediately relocate.  Therefore, he says he did not attend the transportation briefing during his out-processing from Fort McPherson, GA and his Installation Clearance Record supports the fact that he did not attend with the annotation, "Not needed," entered on the form.

	b.  Based on his lack of knowledge, he was not aware of the regulatory guidance concerning the time limitations for requesting retirement relocation transportation and travel benefits nor the requirement to apply yearly for an extension.

	c.  He states that he recently learned of the travel and transportation benefits through on-line sources and how he could be eligible for these benefits, if he applied for an exception to policy. 
	
   
   d.  He applied for an exception to policy through the Fort McPherson Personal Property Office.  In that request, he stated the facts and circumstances of the events which led to him not receiving travel and transportation benefits, which included not receiving the required transportation briefing during his retirement out-processing, his lack of understanding of the regulatory requirements, and a lack of communication between himself and the Personal Property counselor.  He does acknowledge that the counselor did state that he had one year from the date of his retirement to request final travel and transportation to his home of selection.  However, the counselor did not inform him that he could request yearly extensions. 

	e.  He states his extenuating circumstances were education commitments in the local area for his daughter, that his wife was under extensive medical treatment for Addison's disease (chronic adrenal insufficiency) at the local military medical treatment facility, and her local employment as a civilian contractor supporting the U.S. Army Reserve Family Readiness Program.  He further states that his wife held a key leadership position within the program supporting 8,000 Soldiers and their families within two separate general officer commands.  He also obtained local employment as a civilian contractor supporting the U.S. Army Reserve.

	f.  He states that his emphasis was to support the Global War on Terrorism rather than relocate to his home of station post-retirement.

	g.  Both he and his wife's civilian contract positions were terminated, his daughter had graduated from college, and with the recent death in his mother, he states he has elected to return to his home of selection in Tucson, AZ.   

3.  The applicant provides the following documents in support of his application.

	a.  A copy of Orders C-05-390697, dated 15 May 2003, issued by U.S. Army Reserve Personnel Command (AR-PERSCOM), St. Louis, MO, releasing the applicant from active duty effective 31 January 2004 and placing him on the retired list effective 1 February 2004 in the rank/grade of command sergeant major (CSM)/E-9.

	b.  Orders C-05-390697A01, dated 29 May 2003, issued by AR-PERSCOM amending Orders C-05-390697 to show the correct Section 1405 service.

	c.  A copy of DA Form 137-2-R (Installation Clearance Record), dated 3 November 2003.

	d.  A copy of a self-authored memorandum, dated 13 October 2008, subject: Request for Extension of End of Tour Service/Retirement Transportation Authorization. 

	e.  A chronological listing, titled: Notes to Support Extension of Transportation Request, showing the applicant's efforts in requesting an extension of his travel and transportation entitlements post-retirement. 

	f.  A copy of Headquarters, Department of the Army, Deputy Chief of Staff (DCS) G4, Personal Property Policy, electronic message, dated 18 December 2008, that disapproved the applicant's request for transportation and travel extension post-retirement. 
	
	g.  Copies of articles titled "Retiring & End of Tour Service:  Home of Selection Orders Extension" and "Get Household Good Moved, Years After Retiring" by Wayne L. Johnson, published on the website Military.com on 16 August 2008 (http://www.miitary.com/Opinions/0,,Johnson_080805,00.html).

	h.  A self-authored memorandum to the Army Board for Corrections of Military Records (ABCMR), subject: Redress Request to Reinstate End of Tour Service/Retirement Transportation Entitlement, dated 25 February 2009.

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 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.  With prior active duty and Reserve Component (RC) service, the applicant entered active duty in the Active Guard Reserve (AGR) program on 21 January 1985.  He served continuously on active duty attaining the rank/grade of CSM/
E9.  His final assignment was the CSM for the 3rd Medical Command, a general officer command in the USAR.  On 31 January 2004, he was transferred to the USAR Control Group (Retired) and placed on the retired list effective 1 February 2004.  The DD Form 214 (Certificate of Release or Discharge from Active Duty) 
he was issued upon retirement shows he served 21 years, 5 months, and 7 days of total active service and 11 years, 3 months, and 19 days of inactive service.   

3.  The applicant's retirement orders, which he provided, contain the statement "You are authorized up to one year to complete selection of a home and complete travel in connection with this action.  Movement of dependents and household goods to home of selection is authorized.”

4.  In the applicant's memorandum to the Director of Logistics, Transportation Chief at Fort McPherson, GA, dated 13 October 2008, he stated that a Government contractor employed him immediately upon his retirement supporting the USAR.  Based on his future employment, his wife's employment, their daughter's enrollment in a local college, and his spouse's health the applicant chose to remain in the Fort McPherson geographic area.    

5.  On 13 October 2008, the applicant requested that his retirement home of selection travel and transportation entitlements be reinstated.  In his request, he stated that both he and his wife's employment as civilian contractors was terminated due to lack of funding, that his daughter was married, and the death of his mother were the contributing factors in his request for an exception to policy.  In his application, he chronologically outlined his efforts to secure an exception to policy culminating in the DA DCS G4, Personal Property Policy proponent denying his request.  In the denial, it is noted that the retiree was responsible for applying for an extension to his travel and transportation to his home of selection within one year of retirement or no later than 1 February 2005.  Further, the denial noted that HQDA did not have the authority to retroactively reinstate an expired entitlement.

6.  The Joint Federal Travel Regulation (JFTR) contains the basic statutory regulations concerning the Uniformed Service member's travel and transportation.  In pertinent part, paragraph U5365-F states household goods must be turned over for transportation within 1 year following termination of active duty.  An extension of the 1-year time limit may [emphasis added] be authorized/approved through the Secretarial Process when an unexpected event beyond the member’s control occurs which prevents the member from moving to the home of selection within the specified time limit.  A time limit extension also may be authorized/approved through the Secretarial Process, if in the best interest of the Service, or substantially to the member’s benefit and not more costly or adverse to the Service.  Extensions may be authorized/approved only for the specific period of time the Soldier anticipates is needed to complete the move.  If, at the expiration of this extension period, additional time is required, the member may request a further extension through the Secretarial Process, citing the reasons for the extension.  An additional authorized period for a specific period of time may then be authorized/approved through the Secretarial Process.  

7.  Paragraph U5012-I of the JFTR states that a written time limit extension that includes an explanation of the circumstances justifying the extension may not be authorized/approved if it extends travel and transportation allowances for more than 6 years from the date of separation or release from active duty or retirement unless a certified on-going medical condition prevents relocation of the member for longer than 6 years from the separation/retirement date.  This paragraph also precludes the approval of extensions merely to accommodate personal preferences or convenience. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the reason he took no action to request an extension to ship his household goods was that he did not receive a transportation briefing during his out-processing for retirement in 2004.  As evidence, he provided documents to show that a Government employee noted a transportation briefing was not needed on his DA Form 137-2-R.  In the applicant's self-authored memorandum, dated 13 October 2008, he summarized the events and circumstances of his decision not to move to his home of selection in 2004 upon his retirement.  He cited his intention was to remain in the Fort McPherson geographic area after his retirement, to serve as a civilian contractor, he had a daughter in a local college, that his wife had Addison's disease and she was also locally employed.  

2.  The applicant was offered, but declined, the counseling on travel and transportation entitlements post-retirement.  As such, there is insufficient basis to warrant granting the applicant's requested relief as an exception to policy to reinstate travel, transportation, and POV benefits at this late date.

3.  The applicant was serving in a position of significant authority as a CSM of a general officer organization.  As such, it is reasonable to presume that, in this capacity, he would have been exposed to and aware of the many requirements and challenges faced by retiring Soldiers.  

4.  The applicant’s retirement orders clearly state he had 1 year to select a home and complete travel in conjunction with his retirement.  As such, it is reasonable to presume that he was fully aware of the requirement to move his household goods within the 1-year time limit and, if he could not do so, to at least inquire as to the possibility of extending this time limit.  


5.  Four years after the applicant's retirement date, life events (loss of employment, marriage of daughter, death of immediate family member) caused him to seek an exception to the 1-year extension policy outlined in the JFTR for movement of his household goods and related travel expenses to his home of 
selection.  As such, it is reasonable to presume that the move he is contemplating is not related to his separation from the service, but rather for his own personal convenience.

6.  In view of the above, the applicant is not entitled to an extension of the 1-year time limit to move his household goods and related travel expenses in conjunction with his retirement from the service.  His entitlement to exercise those travel and transportation entitlements was guaranteed for 1-year following his retirement; beyond that extensions were never a guarantee. 

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)                                         AR20090004327



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ABCMR Record of Proceedings (cont)                                         AR20090004327



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