BOARD DATE:	  9 September 2009

		DOCKET NUMBER:  AR20090006616 


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 his entitlement for shipment of household goods to his home of record. 

2.  The applicant states, in effect, that he did not know about the 1 year limitation for travel and transportation entitlements or the requirement to request extensions of this time limitation in writing.

3.  The applicant provides, in support of his application, copies of his retirement orders, dated 9 July 2004; Request for Waiver for Movement of Household Goods, dated 24 February 2009; and E-Mail from Department of the Army, G-4 (Logistics) disapproving reinstatement of travel and transportation entitlement. 

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 22 May 1985, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty (MOS) 88M (Motor Transport Operator).  He served through a series of assignments both in the United States and overseas.  On 1 April 1997, he attained the rank of staff sergeant, pay grade E-6.  

3.  Orders 191-0007, United States Army Transportation Center, Fort Eustis, Virginia, dated 9 July 2004, released the applicant from active duty effective 
31 May 2005 and placed him to the Retired List effective 1 June 2005.  He had completed 20 years and 9 days of creditable active duty service. 

4.  The additional instructions provided in his retirement orders stated that he was authorized up to 1 year to complete selection of a home and to complete travel in connection with his retirement.

5.  On 24 February 2009, the applicant requested a waiver for the movement of his household goods.  He stated in this request that he had retired on 31 May 2005.   He contended that he did not remember any of the counselors mentioning that he would have to request an extension every year past the first year of retirement in order to retain his travel and transportation entitlement.  He based his request on an unforeseen and unfortunate job circumstance that required him to move back to Washington DC. 

6.  On 6 March 2009, the Installation Transportation Officer, Fort Eustis, Virginia, forwarded for consideration the applicant's request for a waiver.  The memorandum stated that retirement briefings were held every month on Fort Eustis.  Personal property briefings were required and discussed the household goods entitlement.   The extension request process was a part of this briefing and included detailed information and handouts on how to submit the request.

7.  In an e-mail communication, dated 30 March 2009, from the Department of the Army, G-4 (Logistics), the applicant was informed that his travel and transportation entitlement based on his retirement had expired on 1 June 2006, approximately 3 years earlier.  It could not be reinstated by that office.  He was informed of his right to appeal to this Board.

8.  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 contends that he was not informed of the 1-year expiration of his transportation entitlement, or that extensions of this entitlement had to be in writing.   He believes that his entitlement to ship his household goods should be reinstated.

2.  The applicant was separated from active duty on 31 May 2005.  He was informed on his orders that he had only 1 year in which to use his transportation entitlement.  He has not provided any evidence showing that he had a qualifying reason or circumstance that would have merited approval of an extension of this entitlement a year after his retirement.

3.  The available evidence shows that transportation entitlement briefings were a regular part of the retirement counseling process at Fort Eustis.  There is no convincing evidence showing that the applicant did not receive this counseling.

4.  There is no available evidence showing that the applicant submitted a request for an extension of his transportation entitlement prior to 24 February 2009. Furthermore, it would be inappropriate to grant a reinstatement of transportation entitlement based on employment difficulties that have occurred several years after his retirement.  This is not the intent of the regulation. 

5.  An extension of a transportation entitlement 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.  In the applicant’s situation, more than 
4 years have already transpired. 

6.  In view of the above, the applicant’s request should not be granted.





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)                                         AR20090006616





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090006616



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1