IN THE CASE OF:	  

		BOARD DATE:	  27 October 2011

		DOCKET NUMBER:  AR20110006408 


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, an extension/reinstatement of his household goods (HHG) shipping entitlements. 

2.  The applicant states following his retirement from the Army he received an extension of his final shipping entitlement.  However, following the last approval in 2009, he was assigned to Iraq from November 2006 to October 2009 
(3 years).  He adds that he also served as a Foreign Services Officer in Haiti in support of the humanitarian mission from November 2010 to January 2011.  He states that he could not make a final decision on a movement location until the conclusion of his duties.  

3.  He provides the following:

* Self-authored statement
* DD Form 1610 (Request and Authorization for Temporary Duty (TDY) Travel of Department of Defense (DoD) Personnel) with amendment
* U.S. Agency for International Development (USAID) Travel Orders
* Nomination for Award
* Annual Evaluation Form - Foreign Service
* Officer Evaluation Report
* Orders 225-0002, dated 13 August 2003
* Legion of Merit Certificate
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* E-mail, Subject:  Shipping Entitlement Extension Over Six Years, dated 
8 March 2011
CONSIDERATION OF EVIDENCE:

1.  U.S. Army Garrison, Fort Belvoir, VA, Orders 225-002, dated 13 August 2003, released the applicant from his assignment due to retirement, effective 
29 February 2004, and placed him on the Retired List, effective 1 March 2004.  These orders also authorized him up to 1 year to complete selection of a home and complete travel in connection with his retirement.

2.  On 29 February 2004, he was retired in the rank of lieutenant colonel (LTC)/05 and on 1 March 2004 he was placed on the Retired List.

3.  Orders show he was scheduled to perform TDY as a DoD GS-15 in Iraq.  His will proceed date was listed as 8 November 2006 for a period of 365 days.  

4.  He provided his annual evaluation report and his nomination for award that show he performed duties as a General Development Officer in Iraq.

5.  USAID travel orders show he was authorized blanket travel for Rest and Recuperation and a Regional Rest Break for the following periods:

* 7 February to 30 September 2008
* 30 September 2008 to 30 September 2009
* 1 October 2009 to 30 September 2010

6.  In an e-mail message, dated March 2011, a member of the Office of the Deputy Chief of Staff, G-4, replied to the Joint Personal Property Shipping Office, Inbound Division's supervisor concerning the applicant's request for an extension of travel and transportation entitlements.  The G-4 representative stated that if the applicant's annual extensions were approved in 2005, 2006, 2007, 2008, and 2009, this was still a "use or lose" authorization and was not intended to be a lifetime entitlement.  He reiterated the 1-year authorization as specified in the applicant's orders as well as the requirements of each installation transition point to brief and discuss travel entitlements with Soldiers.  Further, he said that the Joint Federal Travel Regulations (JFTR) contains statutory guidance concerning uniformed service members travel and transportation allowances.  He offered that the JFTR U5130, U5310, U5365, and U5012-1 authorize an extension of travel and transportation entitlement for retirees when an unexpected event has occurred that prohibits the retiree from moving to home of selection within a 
1-year time period.

7.  Volume 1 (Uniformed Service Personnel) of the JFTR contains basic statutory regulations concerning official travel and transportation of members of the uniformed services. 

	a.  Paragraphs U5130 and U5365 contain the policy and procedures pertaining to the shipment of HHG to a permanent duty station (PDS) by uniformed service personnel upon retirement.  In effect, these paragraphs authorize a member travel and transportation allowances to a PDS 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.

	b.  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.  

	c.  Paragraph U5012-I 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.

	d.  U5365 states except for a member undergoing hospitalization, medical treatment, education or training, or in other deserving cases, HHG must be turned over for transportation within 1 year following active duty termination.  HHG transportation is authorized to a place other than the member's home of selection, or part to the home of selection and part to some other place, provided the member bears all costs in excess of transportation of the member’s maximum PCS (permanent change of station) HHG weight allowance in one lot to the home of selection, home of record or place of entry on active duty, whichever provides the greatest cost.




DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant retired on 29 February 2004.  In accordance with his orders and the JFTR he had up to 1 year to complete his home of selection.  This did not occur and he was given an additional 5 years in order to make and complete his travel to his home of selection.  

2.  The evidence of record further shows he served as a DoD civilian in Iraq and Haiti for the past 5 years.  However, it appears that he received several Rest and Recuperation and/or Regional Rest Breaks during which time he could have completed his home of selection if he had chosen to do so, or at minimum requested an exception to policy for extension of his entitlements for an additional year.

3.  As specified in the JFTR, except for a member undergoing hospitalization, medical treatment, education or training, or in other deserving cases, HHG must be turned over for transportation within 1 year following active duty termination.   There is no evidence and he did not provide any to show that even if he had submitted his request for an extension of his travel entitlement in a timely manner, he would have been granted that extension given the fact that he had already been granted five extensions, in 1-year increments, for 5 additional years after his retirement date.

4.  In view of the foregoing evidence, he is not entitled to 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)                                         AR20110006408



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ABCMR Record of Proceedings (cont)                                         AR20110006408



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