BOARD DATE:	  14 January 2010

		DOCKET NUMBER:  AR20090008114 


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 expired entitlement to shipment of household goods (HHG) and travel expenses for himself and family members to a home of selection.

2.  The applicant states, in effect, that when he retired in February 2006 he had no intention of moving from his current address in Newport News, VA; therefore, he did not request an extension of his HHG entitlements as required by Department of the Army policy.  However, since retirement, he has experienced a significant change in health, requiring him to consider moving from his current home to one that accommodates his recent personal permanent disabilities.  He adds that the Department of Veterans Affairs (DVA) has recently awarded him compensation for service-connected disabilities for certain cervical paraspinal tendonitis and degenerative disc disease with thoracolumbar paraspinal tendonitis and osteoarthritis and duel sciatica nerve condition.  Additionally, in May 2008, he underwent a double bi-lateral hip replacement surgery.  He is currently DVA rated at 70 percent permanently disabled.  As a result of his disability he needs to move to a home that better accommodates his ability to function in daily life and he is currently in the process of finding such a home.

3.  In support of his application, the applicant provides copies of his letter to the Installation Management Command (IMCOM), Northeast Region, Fort Monroe, VA; Orders 167-0104; his DVA Rating Decision; and a statement from a medical doctor in support of his request.


CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records show he was appointed in the U.S. Army Reserve (USAR) as a second lieutenant, effective 14 May 1983.  He entered active duty on 5 August 1983.  He served in various staff and leadership positions within and outside continental United States, and he attained the rank of lieutenant colonel.

2.  On 16 June 2005, Headquarters, Fort Monroe, published Orders 167-0204, announcing the applicant’s retirement effective 28 February 2006.  The orders further notified the applicant that he was authorized up to 1 year to complete selection of a home and to complete travel in connection with this action.

3.  The applicant was honorably retired on 28 February 2006 and he was placed on the Retired List in the rank of lieutenant colonel.  He was credited with 22 years, 6 months, and 26 days of honorable service.

4.  On 15 December 2008, the DVA awarded the applicant service-connected disability compensation for his medical conditions.

5.  In a letter to IMCOM, Northeast Region, Fort Monroe, dated 17 April 2009, the applicant requested an extension of his HHG shipment and travel entitlements, citing the change in his health and the need to move into a new home that would better accommodate his ability to function in daily life.  He also provided IMCOM with a copy of an electronic mail (e-mail) exchange with IMCOM officials regarding his expired transportation entitlement, dated on various dates in April and May 2009.

6.  During the period 27 April 2009 through 5 May 2009, an exchange of e-mail pertaining to the applicant’s request occurred as follows:

	a.  on 27 April 2009, an IMCOM transportation specialist recommended approval of the applicant's request and forwarded his request to a logistics management specialist at Headquarters, IMCOM, Arlington, VA, for consideration;

	b.  on 30 April 2009, an IMCOM logistics management specialist recommended approval and forwarded the request to the Personal Property and Passenger Policy, Deputy Chief of Staff, G-4, for consideration;

	c.  on 5 May 2009, an official at Headquarters, Department of the Army (HQDA) G-4 disapproved the action and stated that the applicant allowed his travel and HHG transportation entitlement to expire on 1 March 2007 without any valid justification and that he had a responsibility to ensure receipt and approval of any extension from the Fort Monroe Transportation Office prior to expiration in 2007.  His retirement orders specifically stated that he was authorized up to
1 year to complete selection of home and to complete travel in connection with this action.

	d.  on 5 May 2009, by email, the logistics management specialist at IMCOM, Northeast Region notified the applicant that his request for reinstatement of his shipping entitlements was disapproved.

7.  The applicant submitted a statement, dated 30 July 2008, from a medical doctor who stated that the applicant's medical condition includes a virtual complete loss of range of motion of his hip and that this disease did not occur since his retirement.

8.  Volume 1 (Uniformed Service Personnel) of the Joint Federal Travel Regulation (JFTR) contains basic statutory regulations concerning official travel and transportation of members of the uniformed services.  Paragraphs U5130, U5230, and U5365-F contain the policy and procedures pertaining to the shipment of HHG to a permanent duty station (PDS) by uniformed service personnel upon retirement.  In effect, these paragraphs authorize a member travel and transportation allowances to a PDS selected by the member from his last PDS upon retirement.  They state a member on active duty is entitled to travel and transportation allowances to a home selected by the member from the last PDS upon retirement.  They also establish time limitations for shipment of HHG and state that travel must be completed within 1 year from the active service termination date.

9.  Extensions to the 1-year time limit are also provided for deserving cases under the Secretarial process.  This process allows for extensions based on an unexpected event beyond the member's control that prevents movement to 
a PDS within the specified time limit.  An extension of the time limit may be authorized by the Secretarial process if it is in the best interest of the service or substantially to the benefit of the member and not costly or otherwise adverse to the service.  These extensions are approved for the specific period of time that the member anticipates is needed to complete the move and if additional time is required, the member may request a further extension.  Paragraph U5012-I, Volume 1 of the JFTR provides the policy on restrictions to time limit extensions and states, in pertinent part, that a written time limit extension that includes an explanation of the circumstances justifying the extension may be approved for a specific additional time period using the Secretarial process.  However, extensions under this process will not be authorized if it extends travel and transportation allowances for more than 6 years from the separation/retirement date.  These JFTR provisions and time limitations for the shipment of HHG were also in effect at the time of the applicant’s retirement.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his expired HHG/transportation entitlement should be reinstated.

2.  The evidence of record shows the applicant was honorably retired on 1 March 2006.  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 this action, and that he should contact the appropriate transportation office for making HHG shipment arrangements.

3.  The JFTR indicates that retirement transportation and travel entitlements will be used within 1 year of retirement; however, it also provides for extensions of this entitlement in 1-year increments up to 5 additional years, or a total of 6 years.  Extensions due to unforeseen medical reasons and/or terminal illness of family members may be granted under these extension provisions and it must be presumed that had the applicant filed his extension request on time, it would have been granted in this case.

4.  It is clear that the only reason for denying the applicant's extension request was his failure to submit the request in a timely manner.  Therefore, given he has explained the circumstances that led to his failure to submit the extension request on time, it would be appropriate and a matter of equity to correct his record to show he was granted an extension of his authorized retirement travel and transportation entitlement in order to allow his move to a designated retirement location at government expense.

5.  Notwithstanding HQDA G-4's disapproval of his extension request, based on the applicant's unforeseen medical conditions, it would be appropriate to approve the applicant's requests for extension and reinstatement of his HHG shipment entitlements as an exception to policy through 28 February 2011.  This would, in effect, authorize the applicant to complete his final move at government expense. Additional, in view of this exception to policy, no further request for extension will be entertained.


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 the applicant timely requested and received approval for annual extensions of his retirement transportation and travel entitlements only through 28 February 2011.



      ___________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)                                         AR20090008114



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090008114



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1