BOARD DATE: 17 June 2010
DOCKET NUMBER: AR20090015609
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 that he be granted an extension on his retirement travel and transportation entitlement as an exception to policy.
2. The applicant states there is no error or injustice in his records. He is requesting an exception to the 6-year retirement travel and transportation maximum entitlement. He states he did not utilize his travel entitlement due to his desire to complete his education, allow his sons to complete high school and to seek employment in the area close to his home of record. Now he is returning to Tennessee to take a position as a Department of Defense (DOD) civilian.
3. The applicant provides copies of electronic communications (e-mail) related to 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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant, a career Soldier, was assigned to Fort Leonard Wood, MO, when he retired on 31 January 2002 in the rank of sergeant first class.
3. An e-mail, from G____ T____, Department of the Army Personal Property Policy Office, dated 23 July 2009 advised the applicant of the following:
a. his retirement travel and transportation entitlement is a use or lose entitlement not a lifetime entitlement;
b. he requested and received extensions on his retirement travel and transportation entitlement through 13 February 2008;
c. his maximum entitlement period expired on 1 February 2008; and
d. the U.S. Comptroller General and DOD General Counsel ruled that an extension may not be granted to accommodate personal preference or convenience if it extends the entitlement beyond 6 years unless a certified
on-going medical emergency or natural disaster prevents relocation.
4. The Joint Federal Travel Regulations include the policies and provisions for authorized retirement travel and transportation entitlement for retirees and extensions to that entitlement. In pertinent part, it states that:
a. service members have 1 year to utilize their authorized retirement travel and transportation entitlement;
b. extensions may be authorized up to 6 years if an application is submitted prior to the anniversary date; and
c. extensions beyond the 6-year limit may be authorized only when an unexpected event has occurred which prevents the retiree from relocating within the approved time frame.
DISCUSSION AND CONCLUSIONS:
1. The applicant states there is no error or injustice in his records. He is requesting an exception to the 6-year retirement travel and transportation maximum entitlement. He states he did not utilize his travel entitlement due to his desire to complete his education, allow his sons to complete high school and to seek employment in the area close to his home of record. He is now returning to Tennessee to take a DOD civilian position.
2. The applicant received extensions on his retirement travel and transportation entitlement through the maximum 6-year period authorized.
3. The applicant's reasons for not relocating during his authorized period were to accommodate personal preference or convenience and not as a result of a certified on-going emergency situation.
4. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
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) AR20090015609
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