IN THE CASE OF:	  

		BOARD DATE:	  29 November 2011

		DOCKET NUMBER:  AR20110009184 


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 for one year.

2.  The applicant states immediately following his retirement in April 2009, he was recruited and deployed to Iraq under a DOD contract for 18 months.  While deployed and upon his return from deployment, he was looking and continued to look for gainful employment near his original home of record.  However, due to the overall economic situation, it took him 8 months to secure employment. 

3.  The applicant provides:

* denial email exchange
* letter of employment
* retirement orders
* DD Form 214 (Certificate of Release or Discharge from Active Duty)

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he was appointed as a Regular Army commissioned officer and executed an oath of office on 20 May 1979.  He served in a variety of stateside and/or overseas assignments.  He was discharged on     1 January 1993 and accepted appointment in the U.S. Army Reserve.  He was ordered to active duty on 27 October 2004.  He attained the rank of colonel (COL).  

2.  On 15 December 2008, Headquarters, U.S. Army Maneuver Support Center and Fort Leonard Wood, Fort Leonard Wood, MO, published Orders 350-1339 ordering his retirement and directing him to report to the U.S. Army Transition Center at Fort Leonard Wood on 31 March 2009 for out-processing and further notified him that he was 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 31 March 2009 and he was placed on the Retired List in the rank of COL on 1 April 2009.  

4.  During March 2011, an email exchange pertaining to the applicant's request occurred as follows:

	a.  On or about 28 March 2011, he submitted a request for reinstatement and extension of his household goods (HHG) shipment entitlements through the Installation Management Command, Northeast Region.  He cited his deployment to Iraq with DOD.

	b.  On 31 March 2011, an official at Headquarters, Department of the Army, Deputy Chief of Staff, G-4, disapproved the request and stated that it is the responsibility of the retiree to submit and maintain annual extensions.  His travel and transportation entitlement expired on 31 March 2010, over a year ago, without a valid justification.

5.  He submitted a letter, dated 28 February 2011, confirming his employment as an independent contractor and that he worked in Iraq from 19 April 2009 through 31 August 2010.  He also submitted a printout showing he attempted to obtain employment after his return.

6.  Volume 1 (Uniformed Service Personnel) of the Joint Federal Travel Regulation (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 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.

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 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 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 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 1 April 2009.  His retirement orders stated that he was authorized up to 1 year to complete selection of a home and complete travel in connection with this action and that he should contact the appropriate transportation office for making HHG shipment arrangements.

2.  The JFTR indicates 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.  Extensions due to unforeseen medical reasons, education or training, and/or other deserving cases when an unexpected event beyond the retiree's control occurs which prevents the retiree from moving within the time limits may be granted under these extension provisions and it must be presumed that had the applicant filed his extension request on time, it would have been granted in this case.

3.  Although there is no evidence that he was not properly counseled and although he was a senior officer on an active duty installation, it is clear that the only reason for denying his extension request was his failure to submit the request in a timely manner, and he attempted to rectify his oversight in a timely manner.

4.  Therefore, given he has explained the circumstances that led to his failure to submit the extension request on time, it would be appropriate and serve the interest of justice to correct his record to show he was granted the necessary extension of his earned and authorized retirement travel and transportation entitlement in order to allow him move to a designated retirement location at government expense.

5.  Notwithstanding the Department of the Army G-4's email message that extension is not authorized, it seems appropriate to show the applicant's request for extension and reinstatement of his HHG shipment entitlements was approved through 31 March 2012 (3 years after his retirement).  This would, in effect, authorize the applicant to use the approved extension(s) to complete his final move.

BOARD VOTE:

___x____  ____x___  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the applicant timely requested and received approval for annual extensions of his retirement transportation entitlements through 31 March 2012.



      _______ _   _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)                                         AR20110009184





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ABCMR Record of Proceedings (cont)                                         AR20110009184



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