BOARD DATE:	  28 April 2011

		DOCKET NUMBER:  AR20100022410 


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 transportation entitlement.

2.  The applicant states his dependents had returned early from Europe and had used his authorized transportation entitlement at that time.  In June 2005, he retired in Germany.  At that time, he was informed that he had previously used his transportation entitlement when his dependents returned to the United States.  Consequently, he never requested an extension of the entitlement because he did not know he still had it based on his retirement.  Now, he wants to move his family to their final place of retirement and needs to have his transportation entitlement reinstated.

3.  The applicant provides copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty); Enlisted Record Brief; Orders 006-01, Heidelberg Transition Center, dated 6 January 2005; Orders 321-02, Heidelberg Transition Center, dated 16 November 2004; and an email from the Installation Management Command, dated 21 September 2010.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  On 24 June 1981, the applicant enlisted in the Regular Army.  He served through a series of assignments both in the United States and overseas in military occupational specialty 42A (Human Resources Specialist).  On 1 October 1997, he attained the rank of sergeant first class, pay grade E-7.

3.  Orders 321-02, Heidelberg Transportation Center, dated 16 November 2004, released the applicant from Headquarters and Headquarters Company, 1st Personnel Command, and reassigned him to the Heidelberg Transition Center, for retirement/separation processing.

	a.  His date of retirement was 30 June 2005.

	b.  These orders authorized him shipment of household goods, unaccompanied baggage and privately own vehicle.

	c.  The orders also informed him that he had 1 year to complete his home of selection move in conjunction with his retirement.  The orders further stated that he must apply for shipment of household goods within 1 year of his retirement date, or his shipping entitlement would be lost.

4.  In an e-mail communication, dated 21 September 2010, from the Installation Management Command, the applicant was informed that his request to reinstate his transportation was disapproved.  It informed him that yearly extensions were required.  He was advised of his right to file an appeal to this Board.

5.  The Joint Federal Travel Regulation (JFTR), Volume I, provides that travel and transportation allowance extensions for members separating from the service may be authorized and approved for a specific additional time period using the Secretarial Process.  It requires a written time limit extension that includes an explanation of the circumstances justifying the extension.  It may be authorized and approved only when circumstances prevent use within the prescribed time; and must be for the shortest time appropriate under the circumstances.  It may not be granted merely to accommodate personal preferences or convenience; and may not be authorized and approved if it extends travel and transportation allowances for more than 6 years from the date of separation, release from active duty, or retirement.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his transportation entitlements should be reinstated because he was erroneously informed that they had been previously used, when, in fact, they had not.

2.  The applicant retired on 30 June 2005.  He was informed on his orders that he had only 1 year in which to use his transportation entitlement.  He has not provided any documentary evidence showing that he had been misled or erroneously informed that he had previously used his transportation entitlement.

3.  Furthermore, the applicant has not provided a qualifying reason or circumstance that would have merited approval of an extension of this entitlement a year after his retirement.

4.  An extension of a transportation entitlement may not be granted merely to accommodate personal preferences or convenience; and may not be authorized and approved if it extends travel and transportation allowances for more than 
6 years from the date of separation.  In the applicant’s situation, more than 
5 and 1/2 years have already transpired.

5.  In view of the above, the applicant’s request should not be granted.

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)                                         AR20100022410





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ABCMR Record of Proceedings (cont)                                         AR20100022410



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