BOARD DATE:	  22 December 2011

		DOCKET NUMBER:  AR20110012382 


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 his records be corrected to show he requested an extension of his entitlement to travel and shipment of household goods (HHG) to a home of selection (HOS).

2.  The applicant states that when he retired in November of 2007 it was his understanding he had up to 5 years to move his HHG to his HOS.  He requested an extension in 2008 prior to going overseas for employment with the government.  He was overseas from December 2008 to April 2010 and wasn't able to request an extension.  He is now stateside and when he applied for an extension of his entitlement he was denied.  He is now planning to relocate to Texas in December 2011. 

3.  The applicant provides a letter, dated 29 April 2011, from Headquarters, U.S. Army Garrison, Fort Rucker, AL, to him.

CONSIDERATION OF EVIDENCE:

1.  He enlisted in the Regular Army on 12 November 1987.  He served continuously until his retirement on 30 November 2007.

2.  U.S. Army Installation Management Command, Headquarters, U.S. Army Garrison, Fort Rucker, AL, Orders 004-0504, dated 4 January 2007, released the applicant from active duty on 30 November 2007 and on the following day placed him on the Retired List.  The additional instructions on the orders indicated that he was authorized up to 1 year to complete selection of home and complete travel in connection with this action.  He had completed 20 years and 19 days of active service.

3.  Item 19a (Mailing Address After Separation) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) contains an address in Dothan, AL.  The address with his application to the ABCMR is the same as the one in 
Item 19a of his DD Form 214.

4.  He indicated he had applied for an extension of his entitlement for authorized travel and household goods shipment in 2008.  There is no record of this request or the approval/disapproval of the request.  He was overseas from December 2008 to April 2010.  He is now stateside and requested an extension.

5.  A letter, dated 29 April 2011, from the Transportation Officer at Headquarters, U.S. Army Garrison, Fort Rucker, AL, denied his request indicating Headquarters, Department of the Army, did not have authority to reinstate an expired entitlement from 2 1/2 years ago.

6.  In the processing of this case, an advisory opinion, dated 7 October 2011, was provided by the Office of the Deputy Chief of Staff, G-4, Washington, DC.

7.  The Chief, Transportation Policy Division, stated the Secretarial process (Army G-1/G-4) had no Joint Federal Travel Regulation (JFTR) authority to retroactively reinstate an expired travel and transportation shipment entitlement or authorization which ended on 1 December 2008.  The applicant did not provide any justification to the Department of the Army Staff which precluded him from requesting an extension via email or letter to the Fort Rucker Transportation Office before he departed to Afghanistan or while he was there.

8.  In his response to the advisory opinion, he stated he was unaware he needed to apply for an extension each year.  During his retirement briefing, he recalled the briefer mentioned that an individual had up to five years to have their household goods shipped by the government.  He thought he had until December 2012.  From the time of his retirement until now he was working overseas and it would have been impractical to move his household goods during that timeframe.  

9.  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 procedure pertaining to the shipment of HHG to a 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 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.

10.  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 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.  He was placed on the Retired List on 1 December 2007.  His mailing address after separation on his DD Form 214 and his address with his application are the same.  Therefore, he has not used his entitlement for shipment of HHG since the date of his retirement.

2.  Since his retirement he has worked overseas.  Unless he had decided to select a permanent residence overseas, it would have been impractical to move his HHG within the continental U.S. during this period.  However, he should have submitted a request for an extension each year he was overseas.  He stated he had requested an extension for 1 year in 2008.  However, there is no evidence and he has not provided any evidence of this request or the subsequent result of his request.

3.  The JFTR does indicate that retirement transportation and travel entitlements and shipment of HHG 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.  The “entitlement” to travel and transportation is limited to the 1-year period following retirement.  An extension of the 1-year time limit may be authorized/approved.  A member is not entitled to an extension.  By his own statements, he acknowledges that he did not submit subsequent requests for extensions of his entitlement.

4.  In view of the above, there is insufficient evidence/justification that would warrant granting the relief requested.

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)                                         AR20110012382





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ABCMR Record of Proceedings (cont)                                         AR20110012382



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