IN THE CASE OF:	  

		BOARD DATE:	  8 September 2011

		DOCKET NUMBER:  AR20110002687 


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, that he was not informed and failed to submit for extension of his transportation entitlement.  He states this was due to his belief that extension was automatic for 5 years following retirement.  He further states he knows there are many exemptions in the military, and he is asking for compassion in this case.  He concludes by stating that approval of this request will greatly relieve some of his family's stress since they may have to unwillingly relocate due to employment opportunities.

3.  The applicant provides:

   a. A memorandum, subject: Request for Extension of Transportation Entitlements, dated 14 December 2010, with 2 enclosures:

* Order 348-0251, U.S. Army Installation Management Command, Headquarters, U.S. Army Garrison, Fort Bragg, NC, dated                  14 December 2007, 
* DD Form 214 (Certificate of Release or Discharge from Active Duty)

   b. A memorandum, subject: Request for Extension of Travel and Transportation Entitlement for Sergeant First Class (SFC) Leon Hxxxxx (Ret), dated 15 December 2010; and


   c. A memorandum, subject: Shipping and Travel Entitlement Extension, dated 19 January 2011, with one enclosure, an e-mail from Mr. Gene A. Txxxxx, subject: Extension of Travel and Transportation Entitlement, dated 5 January 2011.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 8 February 1984.  He held military occupational specialty 25B (Information Systems Operator/Analyst), served through multiple extensions and/or reenlistments, and attained the rank/grade of SFC/E-7.

2.  Orders 348-0251, U.S. Army Installation Management Command, Headquarters, U.S. Army Garrison, Fort Bragg, NC, dated 14 December 2007, announced his retirement effective 30 April 2008.  These orders state, "You are authorized up to 1 year to complete selection of a home and complete travel in connection with this action."

3.  He was honorably retired on 30 April 2008 and was placed on the Retired List in the rank/grade of SFC/E-7 on 1 May 2008.  His DD Form 214 shows he was credited with 24 years, 2 months, and 23 days of honorable service.

4.  He submitted his request for extension of his transportation entitlements, in which he states he forgot to request extension on his 1st and 2nd anniversaries of his retirement date, and he thought the benefit was automatically extended for a period up to 5 years following his retirement date.

5.  On 19 July 2011, in the processing of this case an advisory opinion was obtained from the Chief, Transportation Policy Division, Office of the Deputy Chief of Staff, G-4, Headquarters, Department of the Army.  This official recommended denial of the applicant's request for extension, stating that:

   a. The Secretarial process (Army G-1/G-4) has no Joint Federal Travel Regulation (JFTR) authority to retroactively reinstate an expired travel and transportation shipment entitlement or authorization, which [in this case] ended 30 April 2009;

   b. The JFTR contains basic statutory regulations concerning a uniformed Servicemember's travel and transportation – these regulations are interpreted to have the force and effect of law;

   c. The applicant's retirement orders clearly state, "You are authorized up to   1 year to complete selection of a home and complete travel in connection with this action;" and

   d. All installation transition/retirement briefings discuss retirement benefits and offer the opportunity to ask questions, if not clear or understood.

6.  The applicant was provided with a copy of this advisory opinion, but failed to respond.

7.  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 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 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.

8.  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 member's benefit 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 evidence of record shows the applicant was honorably retired on 30 April 2008.  His retirement orders stated he was authorized up to 1 year to complete selection of a home and complete travel in connection with his retirement.

2.  The JFTR indicates that retirement travel and transportation 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.  The applicant in this case submitted a request for extension, some 20 months after the expiration of his entitlement.  

3.  By regulation, 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, upon submission of 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.  The applicant has failed to provide any evidence showing he had a qualifying reason or circumstance that would have merited approval of an extension of this entitlement a year after his retirement.

4.  Further, transportation entitlement briefings are a regular part of the retirement counseling process at all Army installations, to include Fort Bragg, North Carolina, and there is no convincing evidence showing that he was not properly counseled on these entitlements, to include the HHG shipment extension process.  As a result, absent any evidence of an error or injustice related to this issue, there is an insufficient evidentiary basis to support 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)                                         AR20100014063



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ABCMR Record of Proceedings (cont)                                         AR20110002687



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