IN THE CASE OF:	  

		BOARD DATE:	  7 January 2010

		DOCKET NUMBER:  AR20090011551 


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, that her retirement transportation entitlements be restored.

2.  The applicant states, in effect, that unfortunate circumstances beyond her control required her to defer her decision of choosing a retirement home of selection (HOS) until now.  She indicates that she retired on 31 July 2004 and her current retirement entitlement expired on 31 July 2007.  However, she points out that the Joint Federal Travel Regulation (JFTR), chapter 5, paragraph
U5130-B1, states that an entitlement/extension can be authorized by the Secretarial Process for a period not to exceed 6 years from the date of retirement when an unexpected event beyond their control prevents them from moving to their HOS within the specified time limit.

3.  The applicant states that her deferment of claiming her HOS entitlement was because she was receiving treatment for a chronic allergy condition at Blanchfield Army Medical Hospital, Fort Campbell, Kentucky.  She indicates that her treatments continued until recently and that her condition is now at a stage where she only requires monitoring by regular follow-up visits to any clinic of her choice.  She also claims that her decision was also affected by the unstable employment situation she was experiencing, that she was employed with a contract and the company experienced a large number of layoffs and cutbacks throughout her employment period, and that this particular uncertain situation presented too many risks for her to irresponsibly exercise her option of selecting that area as her retirement home.

4.  The applicant provides a denial of her request for travel and transportation of household goods shipment extension; a DD Form 214 (Certificate of Release or Discharge from Active Duty); an authorization for permission to receive immunotherapy other than at the Blanchfield Army Community Hospital Allergy Service; and an envelope postmarked 25 June 2009 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.  The applicant enlisted in the Regular Army (RA) on 21 April 1983.  She was promoted to master sergeant on 1 January 2002.  She retired by reason of sufficient service for retirement on 31 July 2004.

3.  The applicant's retirement orders indicate that she was authorized up to 
1 year to complete selection of home and complete travel in connection with this action.

4.  Records show that on 13 September 2005 the applicant's request for an extension of travel and transportation entitlements was approved through 31 July 2006.  On 10 July 2006, her second request for an extension was approved through 31 July 2007.  This approval letter also contains the following:

"Extensions of transportation entitlements are granted in one-year increments, and cannot exceed a total of five additional years.  A request for further extension should be received no less than thirty days prior to the above expiration date [July 31, 2007] and must be accompanied by a current statement regarding your plans for settling your household. "

5.  On 27 April 2009, the applicant submitted a request for travel and transportation entitlement to move from Tennessee to Georgia.  She stated that two previous requests for extensions of her Government move since her 
retirement had been approved and that the reason she had not requested an extension since 2007 was due to the fact that she had a job and planned on settling in the Clarksville, Tennessee area.  However, due to a recent dramatic decrease in pay she was no longer able to maintain residency there and she had been offered employment in Georgia.

6.  On 21 May 2009, Headquarters, Department of the Army G-4 disapproved her request for travel and transportation of household goods shipment extension.  The email states that this office cannot retroactively reinstate an expired entitlement and that the applicant's retirement HOS entitlement expired on 
31 July 2007.  The email also states that it is the applicant's responsibility to submit, track, and maintain previous annual extension approvals from the closest Transportation Office  or in this case Fort Campbell, KY.

7.  In support of her claim, the applicant provided an Authorization for Permission to Receive Immunotherapy Other Than at the Blanchfield Army Community Hospital Allergy Service, dated 20 May 2009.  Her request was approved.

8.  Volume 1 (Uniformed Service Personnel) of the JFTR contains basic statutory regulations concerning official travel and transportation of members of the Uniformed Services.  Paragraph U5130 states travel to a selected home must be completed within 1 year of active duty termination.  A written time limit extension may be authorized/approved using the Secretarial Process.  An explanation of the circumstances justifying the extension must include the specific additional time period; a description of the circumstances that prevent use within the prescribed time; and acknowledgement that the extension is not being granted merely to accommodate personal preferences or convenience.

9.  The JFTR, paragraph U5365, states that household goods must be turned over for transportation within 1 year following termination of active duty.  An extension of the 1-year time limit may be authorized/approved through the Secretarial Process when an unexpected event beyond the member’s control occurs which prevents the member from moving to the home of selection within the specified time limit.  A time limit extension also may be authorized/approved through the Secretarial Process, if in the best interest of the Service, or substantially to the member’s benefit and not more costly or adverse to the Service.  

10.  The JFTR states an extension must not be authorized/approved if it extends travel and transportation allowances for more than 6 years from the date of separation or release from active duty or retirement unless a member’s certified on-going medical condition prevents relocation of the member for longer than
6 years from the separation/retirement date.
DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her deferment of claiming her HOS entitlement was because she was receiving treatment for a chronic allergy condition at Blanchfield Army Medical Hospital, Fort Campbell, and unstable employment.  However, in her 27 April 2009 request, she indicates that employment was the only reason she had not requested an extension since 2007.

2.  Although there are exceptions to the 1-year shipping requirement, the applicant has failed to show through the evidence submitted with her application and the evidence of record that an exception is warranted in her case.  She had already requested and received two extensions to her travel entitlements.  She had the opportunity of keeping all her options open by requesting additional extensions.  

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)                                         AR20090011551



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090011551



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1