BOARD DATE:	  10 November 2009

		DOCKET NUMBER:  AR20090006670 


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, extension of his transportation and travel entitlements to his home of record.  

2.  The applicant states, in effect, he received notice that he needed to contact the Great Lakes Naval Base in Illinois for his transportation appointment and when he contacted them, explained that in July 2007, he was told not to worry about his shipment until his medical case was resolved, at which time he could request movement through the Army in St. Louis, MO.  He states that a Member of Congress is familiar with his case and can be contacted to confirm his credibility on this matter.  He states that he has done everything he has been asked to do and now he is coming up on the short end of the rope.  He requests the Board help him on this matter.  

3.  The applicant provides the following documents in support of his application:  an undated request for travel and transportation entitlement extension; a Department of Veterans Affairs (VA) hospital medical statement, dated
19 February 2009; a copy of U.S. Army Human Resources Command (USAHRC), St. Louis, Orders C-03-690562, dated 22 March 2006; a DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 30 September 2006; an undated VA Rating Decision extract; and a listing of the applicant's medical appointments during the period 24 November 2006 to 6 April 2009.




CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records show that on 30 September 2006, the applicant was honorably retired, in the rank of master sergeant (MSG), after completing a total of 24 years of active military service.  On 1 October 2006, he was placed on the Retired List in the rank of MSG.  

2.  On 23 March 2006, USAHRC, St. Louis, published Orders C-03-690562, which directed the applicant's retirement effective 30 September 2006, and his placement on the Retired List on 1 October 2006.  These orders also provided the applicant authorization up to 1 year to complete selection of a home and travel in connection with his retirement.

3.  The applicant provides a statement from a licensed social worker at the Edward Hines Jr. VA Hospital, dated 19 February 2009, which verifies the applicant has received continuous treatment at that facility for a diagnosed Post Traumatic Stress Disorder (PTSD), Traumatic Brain Disease, and other specialized medical conditions since 2006.  It further indicates that the applicant received specialized care in Neurology, Dental, Genitourinary, Mental Health, Ophthalmology, and Physical Therapy, and that he had surgery for Genitourinary and Ophthalmology problems.  He also provides a VA Rating Decision extract that indicates he has been rated at 100 percent (%) disabled for PTSD, 70% for residuals of traumatic brain injury, 30% intractable common migraine headaches, 10% percent for lumbosacral strain and lumbar spondylolysis (claimed as low back pain), and 10% for cervical spine (claimed as full body and joint pain).  

4.  The Joint Federal Travel Regulation (JFTR) contains the policy on per diem, travel and transportation allowances, relocation allowances, and certain other allowances of Uniform Service members.  Paragraph U5012 contains guidance on permanent change of station (PCS) allowances.  Subparagraph I provides guidance on extensions of travel and transportation allowances when a member separates from service.  It provides, in pertinent part, for extensions of travel and transportation allowances may be granted for up to 6 years.  It further states that extensions beyond 6 years from the date of separation, release from active duty, or retirement, will not be authorized unless a certified ongoing medical condition prevents relocation of the member for longer than 6 years from the separation/
retirement date.






DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his military travel and transportation allowances should be restored and the supporting documents he submitted were carefully considered and found to have merit. 

2.  By regulation, extensions of travel and transportation allowances are authorized for up to 6 years from the date of retirement, and extensions beyond
6 years may be authorized only in cases when a certified ongoing medical condition prevents relocation of the member for longer than 6 years from separation.   

3.  It appears that after contacting transportation personnel in 2007, the applicant believed his travel and transportation entitlement was extended until his medical problems were resolved, and as a result, failed to submit annual extension requests after his initial 1 year period to complete selection of a home and travel in connection with his retirement, which expired on 30 September 2007.  Based on the applicant’s 30 September 2006 retirement, he could have been granted extensions of his travel and transportation entitlements for up to a total of 
6 years, or an additional 5 years beyond the initial 1 year authorization, which would have taken him through 30 September 2012.  

4.  Given the applicant believed, based on communication with transportation personnel in 2007, that he did not have to formally request extensions until resolution of his medical problems, and because the regulation allows extensions up to a total of 6 years, and beyond if there is an underlying medical problem, it would be appropriate and serve the interest of justice and equity to grant the applicant appropriate annual extensions of his travel and transportation entitlement as allowed by regulation.  

5.  Further, if the applicant continues to have a certified ongoing medical condition that prevents his relocation beyond 30 September 2010, he must request additional extensions through normal channels on that basis.  

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 requested and was granted annual extensions of his travel and transportation entitlement through 30 September 2010.  



      __________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)                                         AR20090006670



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