DOCKET NUMBER: AR20100013156
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 his retirement transportation entitlements be restored.
2. The applicant states:
* his request for reinstatement and extension of his expired transportation entitlement was denied because it was submitted late
* while he was still serving his country as a civilian contractor in Afghanistan (from March 2009 to March 2010) he was unable to renew the transportation benefits granted to retired members
* the resources were just not available
* he submitted his first extension on time, but he was overseas 6 months later
3. The applicant provides a 2-page email, dated 25 March 2010, in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 1 April 1987. He was promoted to sergeant first class on 1 January 2005. He retired by reason of sufficient service for retirement on 31 May 2007.
2. The applicant's retirement orders indicate he was authorized up to 1 year to complete selection of home and complete travel in connection with this action.
3. The applicant reported he served as a civilian contractor in Afghanistan from March 2009 to March 2010.
4. In March 2010, the applicant submitted a request for reinstatement and extension of his expired transportation entitlement. His request was disapproved by Headquarters, Department of the Army G-4. The email states:
* the applicant failed to utilize or seek an extension to his transportation entitlement before it expired on 31 May 2008
* his request gives no indication as to why he failed to seek an extension until recently
* extension requests are required yearly
5. 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. 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.
6. 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 members 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 members benefit and not more costly or adverse to the Service.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he was a civilian contractor in Afghanistan from March 2009 to March 2010 and was unable to renew the transportation benefits granted to retired members because the resources were just not available. However, there is no evidence of record and the applicant did not provide any evidence that shows he was serving as a civilian contractor in Afghanistan during that period.
2. The applicant contends he submitted his first extension on time. However, the email provided by the applicant indicates he failed to utilize or seek an extension to his transportation entitlement before it expired on 31 May 2008.
3. The evidence of record shows the applicant retired on 31 May 2007 and his retirement orders indicate he was authorized up to 1 year to complete selection of home and complete travel in connection with this action.
4. Although there are exceptions to the 1-year shipping requirement, the applicant has failed to show through the evidence submitted with his application and the evidence of record that an exception is warranted in his case at this time.
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 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) AR20100013156
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100013156
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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