IN THE CASE OF:	  

		BOARD DATE:	  9 November 2010

		DOCKET NUMBER:  AR20100010824 


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 he be granted an extension of his travel and transportation entitlements.

2.  The applicant states that when he retired his son was a junior in high school and he thought it would be best to let his son graduate from that school.  He then found a job which had a high operational tempo.  Now his wife's sister, her only blood relative in the United States, is having medical issues which are hindering her from doing household tasks or managing her business.

3.  His request for a retirement move was denied on 7 February 2010 because it was received 21 months past the 1-year time limit to file for an extension of travel and transportation benefits.

4.  The applicant provides documents which he lists in a table of contents.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he was retired from the Regular Army effective 31 March 2007 in pay grade E-8 for years of service.  The additional instructions of his retirement orders state, "you are authorized up to 1 year to complete selection of home and complete travel in connection with this action."

2.  On 24 March 2007, the applicant was deployed to Kuwait and Iraq for a year in his capacity as a civilian contractor.

3.  The applicant's son graduated from high school on 23 May 2008.

4.  The applicant was deployed to Afghanistan as a civilian contractor from 8 February 2009 to 22 September 2009.

5.  On 21 December 2009, the applicant requested an extension of his travel and transportation entitlement in order to move to Texas from Clarksville, TN, to assist his wife's sister because of her medical problems.  He added that he asked his employer if he could move to the Fort Hood, TX, area and was told he could.  Since it was a move for his convenience, the employer wouldn't pay for the move and he would have to pay for the move himself.  In that request he stated that he was, in effect, too busy with his civilian job to request an extension earlier.

6.  On 9 February 2010, the applicant's request for an extension of his travel and transportation entitlement was denied.

7.  In the processing of this case an advisory opinion was obtained from the Department of the Army Deputy Chief of Staff, G-4.  The G-4 stated that there are no provisions to retroactively reinstate an expired transportation entitlement (the applicant's entitlement ended on 31 March 2008).  The G-4 continues that the applicant's retirement orders clearly stated that he had up to 1 year to complete selection of a home and complete travel in connection with this action.  The G-4 added that all installation transition/retirement briefings discuss retirement benefits and offer the opportunity to ask questions, if not clear or understood.  The applicant was provided a copy of this advisory opinion and given the opportunity to respond.  He did not respond.

8.  The Joint Federal Travel Regulation (JFTR) contains the basic statutory regulations concerning the Uniformed Service member's travel and transportation.  In pertinent part, paragraph U5365-F states 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.  Extensions may be authorized/approved only for the specific period of time the Soldier anticipates is needed to complete the move.  If, at the expiration of this extension period, additional time is required, the member may request a further extension through the Secretarial Process, citing the reasons for the extension.  An additional authorized period for a specific period of time may then be authorized/approved through the Secretarial Process.

9.  Paragraph U5012-I of the JFTR states that a written time-limit extension that includes an explanation of the circumstances justifying the extension may 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 certified on-going medical condition prevents relocation of the member for longer than 6 years from the separation/retirement date.  This paragraph also precludes the approval of extensions merely to accommodate personal preferences or convenience. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant states that he did not request an extension of his travel and transportation entitlements because of the operational tempo of his civilian job.  However, he has not said or submitted any evidence which would show it was his intent to request an extension.

2.  The applicant accepted civilian employment based in Tennessee.  There is no indication that he intended to leave his home in Tennessee until he received news of his wife's sister's medical condition well over 2 years after his retirement.

3.  As such, it does not appear that the applicant became too preoccupied to request an extension of his travel and transportation entitlements.  It appears that he requested travel and transportation entitlements when his personal situation changed and he now needed that benefit.

4.  As such, the applicant does not meet the criteria of the JFTR for travel and transportation entitlements and he has not submitted any evidence or argument which would warrant correcting his records in a manner which would establish travel and transportation entitlements.

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)                                         AR20100010824



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ABCMR Record of Proceedings (cont)                                         AR20100010824



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