IN THE CASE OF:	  

		BOARD DATE:	  17 February 2011

		DOCKET NUMBER:  AR20100014063 


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 through his Member of Congress.

2.  The applicant states he retired in June 2008.  He and his spouse filled out the paperwork to extend his entitlement for transportation allowance subsequent to retirement.  He did not know he would receive a letter in the mail and never received that letter.  He was having trouble this time last year with getting mail from the post office and changed to another post office as a result.

3.  The applicant provides:

* retirement orders
* two undated requests for an extension to the Personnel Property Shipping Office, Fort Hood, TX
* statement regarding his son's enrollment in school
* letter to his Member of Congress

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the Regular Army on 15 October 1986.  He held military occupational specialty 15K (Aircraft Components Repair Supervisor), served through multiple extensions and/or reenlistments, and attained the rank/grade of sergeant first class (SFC)/E-7.

2.  On 20 July 2007, Headquarters, III Corps and Fort Hood, Fort Hood, TX, published Orders 201-0128 announcing the applicant's retirement effective 30 June 2008.  The orders further notified the applicant 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.

3.  He was honorably retired on 30 June 2008 and was placed on the Retired List in the rank/grade of SFC/E-7 on 1 July 2008.  He was credited with 21 years, 8 months, and 16 days of honorable service.

4.  He submitted:

	a.  an undated request to the Personnel Property Shipping Office, Fort Hood, TX, wherein he requested a 1-year extension of his transportation entitlement.  He contended he was employed by a computer science corporation and his children were enrolled in school.  He did not want to disrupt the children's school attendance;

	b.  a second undated request to the Personnel Property Shipping Office, Fort Hood, TX, wherein he requested an additional 1-year extension of his transportation entitlement.  He contended that his children were enrolled in school and he did not want to disrupt the children's school attendance; and

	c.  statements, dated 24 and 25 March 2010, from his children's schools confirming their attendance.

5.  An advisory opinion from the Chief, Transportation Policy Division, Office of the Deputy Chief of Staff, G-4, Headquarters, Department of the Army, was obtained on 6 January 2011 in the processing of this case.  An official recommended denial of the applicant's request for extension.  He stated that under the provisions of the Joint Federal Travel Regulation (JFTR), the time limitation for transportation and travel entitlements under retirement orders is 1 year from the effective date of retirement.  An extension is authorized when the Soldier is unable to move to the home of selection within the 1-year time limit.  The Soldier must request an extension prior to the expiration of the 1-year time limit.  The applicant retired on 30 June 2008.  His first request was required prior to 30 June 2009 and every year thereafter, if necessary, for a maximum of 5 years.  The transportation office does not have a record of receiving any requests for extension prior to his inquiry on 15 March 2010.

6.  He was provided with a copy of this advisory opinion, but he failed to respond.

7.  Volume 1 (Uniformed Service Personnel) of the 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 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 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 member's benefit 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 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 evidence of record shows the applicant was honorably retired on 30 June 2008.  His retirement orders stated 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.

2.  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.  The applicant in this case submitted two requests for extension.  Although there is no indication these requests were received by the servicing transportation office, it appears the applicant made an effort to request the extension.

3.  It is therefore reasonable to presume that had the transportation office received his requests on time, it would have granted him the requested extension.  Therefore, 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.

4.  Notwithstanding the G-4's advisory opinion that extension is not authorized, it seems appropriate to approve the applicant's request for extension and reinstatement of his HHG shipment entitlements through 30 June 2011 (3 years after his retirement).  This would, in effect, authorize the applicant to use the approved extension to complete his final move.  Additional extensions beyond this date must be fully justified and requested in writing to the Fort Hood, TX, Transportation Office within the prescribed time limits.

BOARD VOTE:

__X_____  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 30 June 2011.



      ___________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)                                         AR20100014063



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ABCMR Record of Proceedings (cont)                                         AR20100014063



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