IN THE CASE OF:	  

		BOARD DATE:	  2 February 2012

		DOCKET NUMBER:  AR20110013323 


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 an extension to ship his household goods (HHG) at government expense.

2.  The applicant states that while he did not initially anticipate moving from the local area, his son has since become ill and the treatment he needs is not available locally so it requires him to move.

3.  The applicant provides a self-authored statement; an HHG extension request and approval recommendation of local command; a Deputy Chief of Staff, G-4, denial of the extension request; and a doctor's letter.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  Headquarters, U.S. Army Maneuver Support Center and Fort Leonard Wood, Fort Leonard Wood, Missouri, Orders 110-0383, dated 20 April 2005, directed the applicant's retirement on 30 April 2006 and placement on the Retired List in the rank of sergeant first class/E-7 on 1 May 2006.  These orders authorized the applicant shipment of household goods at the with dependent rate.  The additional instructions stated he was authorized up to 1 year to select a home and complete travel.

3.  On 30 April 2006, the applicant was honorably retired after completing 20 years and 9 days of active military service.

4.  On 14 March 2011, the applicant submitted a request to ship his HHG at the with-dependent rate as authorized in his retirement orders.  He indicated that while it was his original intent to settle in the local area, his son had been diagnosed with type 1 diabetes and other conditions that could not be treated locally.  This requires travel to St. Louis for care.  The travel and care required by his son resulted in his making the difficult decision to leave his government position.  In view of the circumstances, he and his family decided it would be in their best interest to relocate to an area where both the medical care needed by his son and educational opportunities for his son are available, which they found in Tampa, Florida.

5.  On 12 April 2011, the Fort Leonard Wood Installation Transportation Officer recommended approval of a shipping entitlement extension for the applicant and forwarded the action to the Installation Management Command (IMCOM) Northeast Region.

6.  On 12 April 2011, an IMCOM transportation management specialist recommended disapproval of the request and forwarded it to the Office of the Deputy Chief of Staff, G-4, for a decision.

7.  On 18 April 2011, the Office of the Deputy Chief of Staff, G-4, denied the applicant's request citing the 1-year requirement in the applicant's orders and the fact that he received briefings regarding the requirement to submit annual extension requests.

8.  In connection with 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.  This official stated the Secretarial process has no Joint Federal Travel Regulation (JFTR) authority to retroactively reinstate an expired travel and transportation shipment entitlement or authorization which expired on 30 April 2007.  He also stated the applicant's orders clearly stated he had 1 year to select a home and complete his travel in connection with his retirement and local transportation retirement briefings provided the opportunity to ask questions.

9.  On 3 October 2011, the applicant was provided a copy of the Office of the Deputy Chief of Staff, G-4, advisory opinion in order to have the opportunity to respond to its contents.  To date, he has failed to reply.

10.  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 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 permanent duty station (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.

11.  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's 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to extend his HHG shipment entitlement in order to ship his goods to an HOS has been carefully considered and is found to have merit.

2.  Contrary to the information contained in the G-4 advisory opinion, the JFTR clearly provides for extensions to the 1-year time limit for shipping HHG for deserving cases through the Secretarial process up to a maximum of 6 years.  Although G-4 policy requires extensions to be requested on a yearly basis, this requirement is not a matter of law defined in the JFTR.

3.  Given the nature of the applicant's request which is based on the health care and education needs of his son, this case clearly seems to qualify as deserving.  As a result, it would not be appropriate to deny the applicant's request solely because he did not request his extension annually under normal policy guidelines.  As a result, it would be appropriate and serve the interest of equity to correct the record to show the applicant's request for extension of the 1-year requirement to ship HHG was approved through 30 April 2012 and to allow him to ship his HHG to an HOS.

BOARD VOTE:

____X____  ________  ___X__   GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  _____X___  _______  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 an extension for shipment of HHG was approved through 30 April 2012 and by allowing him to ship his HHG to an HOS.



      _________________________
                 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)                                         AR20110013323



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ABCMR Record of Proceedings (cont)                                         AR20110013323



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