IN THE CASE OF:	  

		BOARD DATE:	  22 October 2009

		DOCKET NUMBER:  AR20090009923 


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 transportation entitlement.

2.  The applicant states that 2 months after he retired, his mother-in-law became terminally ill in May 2006 and that he had to help her during those difficult times for almost 2 years until she died in October 2007.  He adds that 2 months before her death, his father-in-law also suffered a massive stroke causing his health to fail until his death in August 2008.  He also states that he understands that his request is unusual; however, due to the failing health of his mother-in-law and father-in-law, requesting an extension at the time was the farthest thing on his mind.

3.  The applicant provides a copy of his letter, dated 4 March 2009, to the Personnel Property Processing Office (PPPO), Colorado Springs, CO; a copy of an electronic mail (e-mail) exchange with officials regarding his expired transportation entitlement, dated on various dates in April and May 2009; a copy of Orders 103-0028 issued by the Installation Management Agency (IMA), Headquarters, U.S. Army Garrison, Fort Carson, CO, on 13 April 2005; a copy of his mother-in-law’s and father-in-law’s obituaries; and a copy of his DD Form 2656 (Data for Payment of Retired Personnel), dated 13 May 2005, in support of his request.

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.  The applicant’s records show he initially enlisted in the Regular Army on 20 November 1985.  He held military occupational specialty 42A (Human Resources Specialist), executed several extensions and/or reenlistments, served in various staff and leadership positions, and attained the rank/grade of sergeant first class (SFC)/E-7.

3.  On 13 April 2005, Headquarters, U.S. Army Garrison, Fort Carson, CO, published Orders 103-0028, announcing the applicant’s retirement effective 31 March 2006.  The orders further notified the applicant that he was authorized up to 1 year to complete selection of a home and complete travel in connection with this action and that he should contact the Joint Personnel Property Shipping Office for making household goods (HHG) shipment arrangements.

4.  The applicant’s records show he was honorably retired on 31 March 2006 and was placed on the Retired List in the rank/grade of SFC/E-7.  He was credited with 20 years, 4 months, and 11 days of honorable service.

5.  On 4 March 2009, the applicant requested an extension of his HHG shipment entitlements by letter addressed to the PPPO, Colorado Springs, CO, citing the illness and subsequent deaths of his mother-in-law and father-in-law.

6.  During the period 27 April 2009 through 19 May 2009, an exchange of e-mail pertaining to the applicant’s request occurred as follows:

	a.  on 27 April 2009, the Chief, PPPO, Colorado Springs, forwarded the applicant’s request to a traffic management specialist at the Installation Management Command (IMCOM), West Region, Fort Sam Houston, TX, for consideration;

	b.  on 11 May 2009, the IMCOM traffic management specialist recommended disapproval citing the applicant’s orders which clearly indicated that the applicant had 1 year from his retirement date to utilize his entitlements.  He then forwarded the request to Headquarters, IMCOM;

	c.  on 15 May 2009, another IMCOM traffic management specialist recommended disapproval citing the additional instructions on the retirement orders and forwarded the request to the Deputy Chief of Staff, G-4, for consideration;

	d.  on 15 May 2009, an official in the G-4 disapproved the action and stated that an extension of expired transportation entitlements was not authorized as it was submitted too far beyond the expiration date; and

	e.  on 19 May 2009, the applicant was notified by the Chief, PPPO, Colorado Springs, CO, that his request was disapproved and that he may submit a petition to this Board.

7.  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, in pertinent part, that 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, in pertinent part, that travel must be completed within 1 year from the active service termination date.

8.  Extension provisions 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 of 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 transportation entitlement should be reinstated.

2.  The evidence of record shows the applicant was honorably retired on 1 April 2006.  His retirement orders stated that he was authorized up to 1 year to complete selection of a home and 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 serve the interest of justice to correct his record to show he was granted the necessary extension of his earned and authorized retirement travel and transportation entitlement in order to allow his move to a designated retirement location at government expense.

5.  Notwithstanding the G-4's e-mail message that extension is not authorized, it seems appropriate to approve the applicant's requests for extension and reinstatement of his HHG shipment entitlements through 31 March 2010 (3 years after his retirement).  This would, in effect, authorize the applicant to use the approved extension to complete his final move.

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 entitlements through 31 March 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)                                         AR20090009923



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ABCMR Record of Proceedings (cont)                                         AR20090009923



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