BOARD DATE:	  3 March 2011

		DOCKET NUMBER:  AR20100021689 


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.

2.  The applicant states, in effect, his retirement orders were pending when he chose to pay out of pocket to move his family so his wife could find employment and his children could enroll in school by the beginning of the school year.  He attended his retirement briefings, but transportation was not a concern because he had already absorbed the cost of moving.  He was not aware he needed to submit a written request each year to extend his eligibility for the transportation entitlement.

3.  The applicant provides his retirement orders, an e-mail exchange among Army offices regarding his request for extension, and a copy of his extension request.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 3 February 1987 and retired honorably on 28 February 2007.  He completed 20 years and 28 days of active military service.

2.  Orders 079-0010, issued by Headquarters, 24th Infantry Division (Mechanized) and Fort Riley, KS, released him from active duty effective 28 February 2007 and placed him on the retired list.  The orders informed him he was authorized up to 1 year to complete selection of a home and complete travel in connection with his retirement.
3.  On 9 July 2010, he sent a letter to the Personal Property and Passenger Service Work Center at Fort Riley, KS, requesting, in effect, reinstatement of his expired transportation entitlement based on an exception to policy due to his failure to make timely annual requests for extensions.  He stated:  

	a.  He moved his family at his own expense prior to retirement because he did not yet have orders and he was told the government would not pay for the move until he had orders.

	b.  The year between moving his family and joining them he was on medical appointments for multiple ailments.  Preparing for life as a civilian and following up on his medical treatment were his priorities.

	c.  He found himself in the position of having to move again and was reminded by some fellow retirees that he may still be entitled to a government move.  When he inquired, he was told he was supposed to follow up annually with his transportation office.  This fact, in the course of everything else, slipped his mind.

4.  During the period 13 to 20 July 2010, an e-mail exchange addressed the applicant's request as follows:

	a.  On 13 July 2010, a transportation assistant at the Personal Property and Passenger Service Work Center e-mailed a traffic management specialist at the U.S. Army Installation Management Command (IMCOM), West Region, requesting consideration of the applicant's request.  

	b.  On 15 July 2010, the traffic management specialist forwarded the inquiry to the Deputy Chief of Staff, G-4.  The traffic management specialist recommended disapproval of the request.  On the same date, an official in the 
G-4 concurred with the recommendation to disapprove the request.

	c.  On 20 July 2010, the IMCOM traffic management specialist notified the transportation assistant of the decision and requested she inform the applicant his request was denied.

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.  Paragraphs U5130, U5230, and U5365-F contain the policy and procedures pertaining to the shipment of household goods (HHG) to a home of selection (HOS) by uniformed service personnel upon retirement.  In effect, these paragraphs authorize a member travel and transportation allowances to an HOS from the member's last permanent duty station 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.

6.  Extensions to the 1-year time limit may be provided for deserving cases under the Secretarial process.  

	a.  This process allows for extensions based on an unexpected event beyond the member's control that prevents movement to an HOS within the specified time limit.  An extension of the time limit may be authorized 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.  

	b.  Paragraph U5012-I of Volume 1 of the JFTR provides the policy on restrictions to time limit extensions.  It states a written request for a 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, an extension 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 in effect at the time of the applicant's retirement.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record supports the applicant's request for reinstatement of his expired transportation entitlement.

2.  The applicant's retirement orders clearly state his transportation entitlement would expire within a year, and he admits, in effect, that he failed to follow procedures for extending his entitlement.  Although the applicant bears responsibility for this failure, his interest in ensuring his family was settled at their HOS upon his retirement appears to have been more important to him than ensuring he was reimbursed for the cost of his move.    

3.  The e-mail exchange disapproving his request indicates it would have been approved had he acted in a timely manner.  It is clear that an extension would 
substantially benefit the applicant and it would not be costly or otherwise adverse to the service.  As a matter of equity, therefore, it would be appropriate to grant relief by correcting his record to show he made timely requests for extension of his transportation entitlement.  

4.  Relief granted in this case should be limited to his past failure to make timely requests for extension and should have the effect of extending his transportation entitlement to 28 February 2012.  If he does not use his transportation entitlement by that date, it will be his responsibility to apply for an additional       1-year extension through the transportation office at Fort Riley, KS.  He must use or forfeit his entitlement by 28 February 2013.  

5.  The applicant should also note that it is his responsibility to contact the transportation office at Fort Riley, KS, to make arrangements for using his entitlement.

BOARD VOTE:

__x____  ___x_____  ___x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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:

* he made timely requests for extension of his transportation entitlement 
* the requests for extension were approved
* his extension expires on 28 February 2012




      _______ _  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)                                         AR20100021689



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ABCMR Record of Proceedings (cont)                                         AR20100021689



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