IN THE CASE OF:	  

		BOARD DATE:	  22 September 2011

		DOCKET NUMBER:  AR20110000417 


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, in effect, extension of his household goods (HHG) transportation termination date to 31 August 2011.

2.  The applicant states that within two months of retiring from active duty, he deployed to Iraq under the U.S. Army Security Assistance and Management Office (SATMO) contract to instruct at the Iraqi Air Force Flight School (IFS).  He continued in this employment until September 2010, which prevented him from completing movement of his HHG within the authorized period.  He adds he was not informed during his separation and transition processing that he had one year to complete movement of his HHG.  

3.  The applicant provides copies of his retirement orders, discharge document, two letters of authorization (LOA), employment letters, and request for extension for movement of HHG.

CONSIDERATION OF EVIDENCE:

1.  The applicant had prior honorable active duty enlisted service in the Regular Army from 1 February 1982 through 22 October 1984.

2.  The applicant was appointed as a Reserve warrant officer of the Army in the rank of warrant officer one (WO1) on 23 October 1984.


3.  The applicant had four separate periods of prior honorable active duty/active duty for special work, as follows:

* 23 October 1984 through 1 January 1989 (4 years, 2 months, and 9 days)	
* 1 November 1993 through 26 June 2001 (7 years, 7 months, and 26 days)
* 1 July 2001 through 8 February 2004 (2 years, 7 months, and 8 days)
* 9 February 2004 through 13 October 2004 (8 months and 5 days)

4.  A DD Form 214 shows the applicant entered active duty this period on
1 October 2006, was honorably retired from active duty on 31 August 2008 in the rank of chief warrant officer four, and transferred to the California Army National Guard (CAARNG).  He completed 1 year and 11 months of net active service this period and 20 years, 2 months, and 22 days of total prior active service.

5.  Joint Force Headquarters, CAARNG, Sacramento, CA, Orders 184-1044, dated 2 July 2008, released the applicant from active duty on 31 August 2008 and placed him on the retired list, effective 1 September 2008.

   a.  His home of record (HOR) is shown as "Fuquay Varina, NC."

   b.  The additional instructions state, "You are authorized up to one year to complete PCS [permanent change of station] movement and submit a travel voucher in connection with this action."

6.  In support of his application, the applicant provides the following documents:

   a.  Two Westar letters, dated 6 August and 1 September 2008, and an Addendum to Offer Letter, dated 6 August 2008, that show the applicant was offered employment with Westar Aerospace and Defense Group, Inc., for no specific period of time, contingent upon him possessing the necessary qualifications to perform the requirements for the position of Bell Jet Ranger Instructor Pilot.

   b.  An LOA, dated 10 September 2008, that shows the applicant was employed by Westar Aerospace and Defense Group, Inc., as an instructor pilot; authorized to travel from his HOR on 7 October 2008 to deploy to Germany, Iraq, and Kuwait; and that his overseas deployment period ended on 8 November 2008.

   c.  An LOA, dated 22 April 2010, that shows the applicant was employed by Westar Aerospace and Defense Group, Inc., as an instructor pilot; authorized to travel from his HOR on 17 December 2009 to Germany, Iraq, Kuwait, and United Arab Emirates; his overseas deployment period ended on 8 November 2010; and he was authorized to return to his HOR.

   d.  Two letters on Westar stationary, dated 22 July and 25 July 2010, that show the applicant requested an extension to the time limit of movement of HHG after retirement based on his civilian employment and overseas deployment.  He indicated he was misinformed about his HHG entitlement and believed he had up to two years after retirement to either move his HHG or request an extension.

   e.  U.S. Army Installation Management Command (IMCOM), Fort Bragg, NC, memorandum, dated 27 September 2010, subject:  Shipping and Travel Entitlement Extension, and an enclosed IMCOM email response, dated
27 September 2010, that show the applicant's travel and transportation entitlement expired on 31 August 2009; he had no previous extension approved by IMCOM; and that his orders informed him of the 1-year travel entitlement.  Based on the foregoing, the applicant's request was disapproved. [The IMCOM memorandum cites the expiration date as 31 August 2010.]

7.  In the processing of this case, an advisory opinion was obtained from the Personnel Policy Division, National Guard Bureau (NGB), Arlington, VA.

   a.  The advisory official recommends disapproval.

   b.  The advisory official notes the applicant's retirement orders advised him that he was permitted one year to complete his PCS move and that the orders were published approximately 2 months prior to the applicant's actual retirement date, which allowed him ample time to become aware of his PCS move option.  

   c.  The CAARNG concurs with the NGB recommendation.

8.  On 22 August 2011, the applicant was provided a copy of the advisory opinion in order to have the opportunity to respond to its contents.  To date, the applicant has failed to provide a response.

9.  The Joint Federal Travel Regulations (JFTR), Volume 1, Uniformed Service Members, Chapter 5 (Permanent Duty Travel), Part D (HHG Transportation and Storage), section 7 (Retirement, Temporary Duty Retired List, Discharge with Severance/Separation Pay, or Involuntary Release from Active Duty with Readjustment or Separation Pay), governs home of selection (HOS) authorization and storage of HHG.


   a.  A member on active duty is authorized HHG transportation from the last or any previous permanent duty station, from a continental United States designated place, from anywhere the member elects, from storage, or any combination thereof, to the member's HOS.

   b.  A member or dependent authorized HHG transportation is authorized non-temporary storage (NTS).  The authority begins on the date the order is issued and terminates 1 year from the active duty termination date.

   c.  An extension of the 1-year time limit may be authorized/approved through the Secretarial process when an unexpected event beyond the member's control occurs which prevents the member from moving to the HOS within the specified time limit.

   d.  These extensions may be authorized/approved only for the specific period of time the member anticipates is needed to complete the move.  If, at the expiration of this extension period, additional time is required, the member may request a further extension through the Secretarial process citing the reasons for the extension.   An additional authorized period for a specific period of time may then be authorized/approved through the Secretarial process.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his 1-year HHG transportation termination date of 31 August 2009 should be extended for a period of 2 years (to 31 August 2011) because he deployed overseas for civilian employment shortly after he retired from active duty and was misinformed about his HHG NTS and movement entitlement.

2.  Records show the applicant was issued orders on 2 July 2008 that released him from active duty on 31 August 2008.  The orders specifically advised him that he was authorized up to one year (i.e., until 31 August 2009) to compete his PCS movement in connection with his retirement from active duty.

3.  Records show the applicant deployed overseas for civilian employment on or about 7 October 2008.

4.  There is no evidence the applicant submitted a request for extension of the
1-year extension of his HHG transportation termination date of 31 August 2009, prior to that date.  In fact, the evidence of record shows the applicant requested an extension of his HHG transportation termination date sometime in the September 2010, which was a full year after his HHG transportation entitlement had terminated.
5.  Based on the applicant's rank and years of military service, coupled with the instructions in his orders, it is reasonable to conclude he understood his HHG transportation entitlement expiration date.  It is also reasonable to conclude he was aware that there were transportation support services available to him to further explain his HHG entitlements, if he did not understand them.  Thus, the applicant's contention he was misinformed about his entitlement is not creditable.

6.  Therefore, considering all the evidence and information presented by the applicant, together with the evidence of record, 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)                                         AR20110000417



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ABCMR Record of Proceedings (cont)                                         AR20110000417



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