IN THE CASE OF:	  

		BOARD DATE:	  26 May 2011

		DOCKET NUMBER:  AR20100027542 


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 that his records be corrected to show he was granted an extension of entitlement to ship his household goods (HHG).  

2.  He states he attended college after his retirement and graduated in May 2010.  He was informed that he could extend his final move entitlement because of school, but when he applied for an extension, it was disapproved.  His orders state he had up to one year to complete travel, but they do not state that if not completed within that one year, an extension would be needed for certain reasons.  He was not aware of this at the time of his retirement briefing and would greatly appreciate reconsideration of this action.  

3.  He provides a letter from McKendree University, his retirement orders, and an email indicating disapproval of his extension.

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.  The applicant enlisted in the Regular Army on 3 October 1983.  He was promoted to sergeant first class (SFC) on 1 October 2002.

3.  Headquarters, U.S. Army Armor Center and Fort Knox, Orders 089-0167, dated 30 March 2005, released him from active duty on 31 October 2005, and on the following date placed him on the retired list in the rank of SFC.  The additional instructions on the orders indicated that he was authorized up to one year to complete selection of a home and complete travel in connection with this action.  These orders also stated that he had to receive pre-separation counseling a minimum of 90 days prior to his retirement date and he was authorized shipment of HHG. 

4.  In a 24 August 2010 letter, a representative of the McKendree University indicated the applicant attended this university from September 2006 through the Spring 2 Session of 2010.  The applicant earned a Bachelors of Business Administration with an emphasis in Human Resource Management.  Although the applicant returned to take classes in the Masters program, he had to withdraw due to relocation, effective May 2010.  

5.  In a 27 September 2010 email from Headquarters, Department of the Army, Deputy Chief of Staff, G-4, U.S. Army Installation Management Command (IMCOM), informed a local IMCOM office that the applicant’s travel and transportation entitlement expired on 31 October 2006, almost 4 years ago, without a valid justification.  The email also stated the applicant’s retirement orders clearly stated:  “You are authorized up to 1 year to complete travel in connection with this action.”  All installation transition/retirement briefings discuss retirement benefits and offer the opportunity to ask questions if not clear or understood on extension requirements.  Further, it stated the Joint Federal Travel Regulation (JFTR) contains basic statutory regulations concerning a Uniformed Service member’s travel and transportation entitlements and interpreted to have the force and effect of law.  The JFTR exists primarily under the authority of Title 37, U.S. Code, section 411 and Chapter 7 and addresses circumstances which prohibit payment of certain allowances after the fact.  It was advised that the applicant had the right to appeal to the ABCMR.

6.  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 home of selection (HOS) by uniformed service personnel upon retirement.  In effect, these paragraphs authorize a member travel and transportation allowances to an HOS by the member from his last permanent duty station (PDS) upon retirement.  They state, in pertinent part, 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, in pertinent part, that travel must be completed within 1 year from the active service termination date.

7.  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 an HOS 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, in pertinent part, 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's request for an extension of entitlement to ship his HHG was considered.  However, his service record does not contain evidence which indicates an error or injustice exists in his case.  

2.  He was released from active duty on 31 October 2005 and placed on the retired list on the following date.  He did not use his shipment entitlement of his household goods at that time.

3.  The evidence of record shows he submitted a request for an extension of his travel and shipping entitlement in September 2010, 4 years subsequent to his retirement date.  Since he did not apply within the first year of his retirement, the request was denied.

4.  The JFTR does indicate 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.  

5.  As stated in the email from the DCS, G-3 office, all installation transition/retirement briefings discuss retirement benefits and offer the opportunity to ask questions if not clear or understood on extension requirements.  At that time, the applicant had the opportunity to inquire about a request for an extension of entitlement to ship his HHG to attend school.  

6.  He failed to submit a request for extension in a timely manner; therefore, there is no basis for granting the requested relief.  

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)                                         AR20100027542





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ABCMR Record of Proceedings (cont)                                         AR20100027542



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