IN THE CASE OF:	  

		BOARD DATE:	  12 January 2011

		DOCKET NUMBER:  AR20100019977 


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 her expired transportation entitlement through May 2011.

2.  The applicant states she was not fully counseled due to her status as an Active Guard Reserve (AGR) Soldier.  She was attached to a unit that was not properly resourced to support Soldiers.  She retired in June 2008 and learned of her benefits through other Soldiers.  She requested an extension of her entitlement to move her household goods (HHG) in July 2010, but her request was denied because it was not submitted within 1 year after her retirement.  Although she attended her retirement briefing at Fort Leonard Wood, MO, she did not receive all the necessary information at her briefing.  She never intended to make Fort Leonard Wood, her home, but she stayed there because her spouse, also an AGR Soldier, was planning to retire in 2012.  However, he received reassignment orders to Fort Benning, GA, with a report date of August 2010 with little time to prepare for the move.  She feels that having served 25 years in the military, she should not have to forfeit this entitlement.

3.  The applicant provides:

* denial e-mail exchange
* garrison commander's memorandum
* spouse memorandum
* original memorandum from the Fort Leonard Wood Installation Management Agency (IMA)
* retirement orders
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* National Guard Bureau Form 22 (Report of Separation and Record of Service)
* spouse's reassignment order

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show she enlisted in the Minnesota Army National Guard on 3 August 1989 having prior active service and held military occupational specialties 42A (Human Resources Specialist) and 79T (Recruiting and Retention Noncommissioned Officer).

2.  She served through multiple reenlistments or extensions in various staff and leadership positions and attained the rank/grade of master sergeant (MSG)/E-8.  She entered active duty in an Army National Guard AGR status on 28 February 2000 and she was assigned to Headquarters, U.S. Army Maneuver Support Center, Fort Leonard Wood, as a senior liaison sergeant major and operations noncommissioned officer. 

3.  On 7 May 2007, she requested voluntary retirement from active duty with a desired retirement date of 31 May 2008.  Her request was approved.

4.  On 1 August 2007, the National Guard Bureau published two sets of orders.  The first set of orders (Orders 213-04) directed her to report to the U.S. Army Transition Center at Fort Leonard Wood on 30 May 2008 for out-processing and further notified her that she was authorized up to 1 year to complete selection of a home and complete travel in connection with this action.  The second set of orders announced her retirement effective 31 May 2008.

5.  She was honorably retired on 31 May 2008 and she was placed on the Retired List in the rank/grade of MSG/E-8.  She was credited with 20 years, 5 months, and 9 days of honorable active service.

6.  On 12 July 2010, her spouse, a MSG in the AGR Program, received reassignment orders to Fort Benning with a report date of 30 August 2010.

7.  On 13 July 2010, she requested an extension of her HHG shipment entitlements by letter addressed to the Personnel Property Processing Office, Directorate of Logistics, Fort Leonard Wood, citing the lack of counseling and her spouse's sudden reassignment instructions.

8.  During the period 14 July 2010 through 20 July 2010, an exchange of e-mail and/or letters pertaining to the applicant's request occurred as follows:
	a.  On 14 July 2010, a Fort Leonard Wood transportation officer stated in a memorandum to IMA, Northwest Regional Office, Rock Island, IL, that the applicant's original entitlements expired on 31 May 2009 and she had not requested an extension within 1 year.   The officer recommended approval.

	b.  On 15 July 2010, a transportation management specialist stated that although the applicant was informed during her retirement briefing to request an extension annually, she did not do so.  Nevertheless, the official recommended approval.

	c.  On 19 July 2010, an official at Headquarters, Department of the Army, Deputy Chief of Staff, G-4, disapproved the request and stated that it is the responsibility of the retiree to submit and maintain annual extensions.  Her travel and transportation entitlement expired on 31 May 2010, over a year ago, without a valid justification.

	d.  On 20 July 2010, she was informed her request was disapproved by the Department of the Army G-4.

	e.  On 20 July 2010, her spouse submitted a memorandum of support contending that the system failed her by not providing her proper counseling and correct information.

	f.  On 20 July 2010, the garrison commander recommended approval.

9.  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.  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.

10.  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 benefit of the member 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 applicant contends her expired transportation entitlement should be reinstated.

2.  The evidence of record shows the applicant was honorably retired on 1 June 2008.  Her retirement orders stated that she was authorized up to 1 year to complete selection of a home and complete travel in connection with this action and that she should contact the appropriate transportation office for making HHG shipment arrangements.

3.  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, or a total of 6 years.  Extensions due to unforeseen medical reasons, education or training, and/or other deserving cases when an unexpected event beyond the retiree's control occurs which prevents the retiree from moving within the time limits may be granted under these extension provisions and it must be presumed that had the applicant filed her extension request on time, it would have been granted in this case.

4.  Although there is no evidence that she was not properly counseled and although she was in a leadership position on an active duty installation, it is clear that the only reason for denying her extension request was her failure to submit the request in a timely manner.  Therefore, given she has explained the circumstances that led to her failure to submit the extension request on time, it would be appropriate and serve the interest of justice to correct her record to show she was granted the necessary extension of her earned and authorized retirement travel and transportation entitlement in order to allow her move to a designated retirement location at government expense.

5.  Notwithstanding the Department of the Army G-4's e-mail message that extension is not authorized, it seems appropriate to approve the applicant's requests for extension and reinstatement of her HHG shipment entitlements through 31 May 2011 (3 years after her retirement).  This would, in effect, authorize the applicant to use the approved extension to complete her final move.

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 her retirement transportation entitlements through 31 May 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)                                         AR20100019977



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ABCMR Record of Proceedings (cont)                                         AR20100019977



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