BOARD DATE:	  15 March 2012

		DOCKET NUMBER:  AR20110015263 


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, reinstatement of her expired transportation entitlement for one year and to be reimbursed the $1200.00 she paid for the cost of a rental truck. 

2.  She states when she retired in 2008, she was informed she had 2 years to use her final transportation move.  She claims she requested an extension of her household goods (HHG) shipment entitlements in 2009.  In 2010, she requested an exception to policy and was told her 2009 extension request could not be found.  As a result, she was no longer authorized her final transportation move. 

3.  She provides a copy of an email dialogue.  

CONSIDERATION OF EVIDENCE:

1.  She enlisted in the Regular Army on 13 September 1988.  She continued to serve on active duty through a series of reenlistments and attained the rank of staff sergeant (SSG). 

2.  On 3 October 2007, Headquarters, U.S. Army Garrison, Fort Bragg, NC, published Orders 276-0251 authorizing her retirement.  This order contains the following entries:

* Authorized place of retirement – Fort Bragg, NC
* Effective date of retirement – 30 September 2008
* Additional instructions - She was authorized up to 1 year to complete selection of a home and complete travel in connection with her retirement  

3.  Accordingly, she was honorably retired on 30 September 2008 and she was placed on the Retired List in the rank of SSG on 1 October 2009.  

4.  During the months of September and October 2010, an email exchange between an Installation Management Command (IMCOM) transportation specialist and Headquarters, Department of the Army (HQDA), Deputy Chief of Staff (DCS) G-4 pertaining to the applicant's request occurred as follows:

	a.  30 September 2010 - A request for reinstatement of HHG shipment entitlements was forwarded to HQDA, DCS G-4 office after the expiration date.  Although the applicant thought she had a previous extension approval, there was no documentation on file to support her contentions.  

	b.  13 October 2010 –The HQDA, DCS G-4 office disapproved the request and stated that it is the responsibility of the retiree to submit and maintain annual extensions.  Her travel and transportation entitlement expired on 30 September 2009, without a valid justification.  

   c.  The HQDA, DCS G-4 office also stated the applicant did not provide any evidence of a transportation appointment date in August (no year shown) or the transportation office employee's name that input data into the computer.  There was no record that she began the counseling process or completed a DD Form 1299 (Application for Shipment and/or Storage of Personal Property), and no indication of cancellation.
   
5.  On 20 January 2011, a second request for extension of HHG shipment was denied by the HQDA, DCS G-4 office.  This email shows the applicant did not provide any additional evidence to substantiate her entitlement to an extension.  Therefore, the original extension denial would remain in effect and she could seek relief through the ABCMR. 

6.  During the processing of this case, an advisory opinion was obtained from the Chief, Transportation Policy Division, HQDA, DCS G-4.  This office recommended denial of the applicant’s request for extension of HHG shipment entitlements and used the same justification provided in the 13 October 2010 email response.   



7.  The applicant was provided a copy of the advisory opinion and she submitted the following in response:

	a.  Prior to her retirement, she completed her final out-processing in the summer of 2008.  The transportation office explained that she had two years to complete her final move, but she would need to request an extension after one year.  

   b.  She does not recall attending a briefing because she had not planned to move at the time and in fact had used her husband’s entitlement in 2006 to do a local move.  In July of 2009, she went to the transportation office.  The office was pretty busy that particular day and the representative at the front desk tried to answer questions and get customers out as quickly as possible.  
   
   c.  The applicant explained that she needed a one year extension of her HHG shipment entitlements and the representative asked for her name and social security number.  She was not told she needed any additional documentation as proof, so the applicant concluded that she had completed the process for an approved extension.  

   d.  In September 2010, she went back to the transportation office to request an exception to policy to extend the two-year limit on her final transportation move.  At this point, she was told she actually had 5 years to complete her final move and that she only needed to request another one-year extension.
   
   e.  She submitted a request for an extension and two days later she received an email stating that neither her transportation records nor her installation clearance papers could be found.
   
   f.  Two months later she completed a Do-It-Yourself (DITY) move because she had to move her furniture out of her house in Washington.  She only asked to be reimbursed the $1200.00 it cost her to rent the moving truck.  She is a 100% disabled veteran who has received better treatment from the Department of Veterans Affairs than she has from the U.S. Army. 

8.  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 home of selection (HOS) by uniformed service personnel upon retirement.  In effect, these paragraphs authorize a member travel and transportation allowances to a 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.

9.  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 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 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 September 2008.  Her retirement orders state that she was authorized up to 1 year to complete selection of a home and complete travel in connection with her retirement from the Army.   

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 may be granted under these extension provisions and it must be presumed that had the applicant filed her extension request on time, it would have been granted.

3.  Although there is no evidence that she was not properly counseled or that she submitted a DD Form 1299, it is clear that the only reason for denying her extension request was her failure to submit the request in a timely manner.

4.  Therefore, given she has explained the circumstances that led to her failure to submit the extension request on time, it would be appropriate and serve the interest of justice to correct her record to show she was granted the necessary extension of her earned and authorized retirement travel and transportation entitlement in order to allow her 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 her HHG shipment entitlements was approved through 30 September 2012 (4 years after her retirement).  This would, in effect, authorize the applicant to use the approved extension to complete her final move, thereby making her eligible for reimbursement of the $1200.00 she paid in rental truck expenses.

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 her retirement transportation entitlements through 30 September 2012, thereby making her eligible for reimbursement of the $1200.00 she paid in rental truck expenses.




      _______ _   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)                                         AR20110015263





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ABCMR Record of Proceedings (cont)                                         AR20110015263



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