IN THE CASE OF:	  

		BOARD DATE:	  5 November 2009

		DOCKET NUMBER:  AR20090006614 


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 reinstatement of her entitlement for shipment of household goods (HHG’s) to her home of record (HOR). 

2.  The applicant states, in effect, that she was not aware of the yearly requirement to request an extension to ship her HHG to her HOR.

3.  The applicant provides a copy of her separation orders and DD Form 214 in support of her 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.  On 19 August 1983, the applicant enlisted in the Regular Army and entered active duty.  She was trained in, awarded, and served in military occupational specialties (MOS) 88N (Traffic Management Coordinator) and 71L (Administrative Specialist).  

3.  The applicant's record shows she served through several reenlistment periods in a series of assignments both in the United States and Overseas.  On 
1 January 1996, she was promoted to the rank of sergeant first class (SFC), which is the highest rank she held while serving on active duty.  

4.  On 31 January 2004, the applicant was retired, in the rank of SFC.  At the time, she had completed a total of 20 years, 5 months, and 13 days of active military service.  

5.  The applicant's record contains United States Army Transportation Center, Fort Eustis, Virginia, Orders 182-0016, dated 1 July 2003, which directed the applicant's REFRAD on 31 January 2004, and placement on the Retired List on
1 February 2004.  The additional instructions in these orders stated that she was authorized up to 1 year to complete selection of a home and to complete travel in connection with her retirement.

6.  The Joint Federal Travel Regulation (JFTR), Volume I, provides, in pertinent part, that travel and transportation allowance extensions for members separating from the service may be authorized and approved for a specific additional time period using the Secretarial Process.  It requires a written time limit extension that includes an explanation of the circumstances justifying the extension.  It may be authorized and approved only when circumstances prevent use within the prescribed time; and must be for the shortest time appropriate under the circumstances.  It may not be granted merely to accommodate personal preferences or convenience; and may not be authorized and approved if it extends travel and transportation allowances for more than 6 years from the date of separation, release from active duty, retirement, or from the date of receipt by a member's dependents of official notice that the member is dead, injured, missing, interned, or captured, unless a certified on-going medical condition prevented the relocation of the member or dependent(s) from the date of separation/retirement.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that her HHG shipment entitlement should be reinstated because she was not informed of the 1-year expiration of her transportation entitlement or that extensions of this entitlement had to be submitted in writing on an annual basis was carefully considered.  However, there is insufficient evidence to support this claim.

2.  The applicant was retired on 31 January 2004, and the orders directed that she be released and placement on the Retired List on 1 February 2004.  The orders specifically stated that she had only 1 year in which to use her transportation entitlement.  

3.  By regulation, travel and transportation allowance extensions for members separating from the service may be authorized and approved for a specific additional time period using the Secretarial Process upon submission of a written time limit extension that includes an explanation of the circumstances justifying the extension.  It may be authorized and approved only when circumstances prevent use within the prescribed time; and must be for the shortest time appropriate under the circumstances.  The applicant has failed to provide any evidence showing she had a qualifying reason or circumstance that would have merited approval of an extension of this entitlement a year after her retirement.

4.  Further, transportation entitlement briefings are a regular part of the retirement counseling process at all Army installations, to include Fort Eustis, Virginia, and there is no convincing evidence showing that the applicant was not properly counseled on these entitlements, to include the HHG shipment extension process.  As a result, absent any evidence of an error or injustice related to this issue, there is an insufficient evidentiary basis to support granting the requested relief.  

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)                                         AR20090006614



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ABCMR Record of Proceedings (cont)                                         AR20090006614



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