IN THE CASE OF:	  

		BOARD DATE:  21 February 2012

		DOCKET NUMBER:  AR20110015946 


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 extension of his household goods (HHG) transportation termination date.

2.  The applicant states that during transition processing prior to his retirement from the U.S. Army, "the lady at the desk" informed him he had 5 years to use his HHG transportation benefit.  However, he was not informed of the requirement to request extension of the entitlement on an annual basis.

	a.  He retired from active duty in 2009 and he planned to stay in the Fort Knox, KY area.  He later found employment at Fort Campbell, KY and he attempted to utilize his HHG transportation benefit.

	b.  He was instructed to request an exception to policy because he had not requested extension of the benefit at the end of each 1-year period.  However, his request for exception to policy was denied by the installation transportation officer.

3.  The applicant provides a copy of the denial of his request for extension of the travel and transportation entitlement.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army (RA) on 19 August 1986.  He reenlisted in the RA and continued to serve on active duty.  He was promoted to sergeant first class (SFC)/E-7 on 1 October 2002.
2.  Orders 200-0159, issued by Headquarters, U.S. Army Armor Center, Fort Knox, dated 18 July 2008, released the applicant from active duty on 31 March 2009 and placed him on the Retired List effective 1 April 2009.

	a.  His home of record (HOR) is shown as "Jewett, OH."

	b.  The additional instructions show:
   
* "You are authorized shipment of household goods."
* "You are authorized up to one year to complete selection of a home and complete travel in connection with this action."

3.  A DD Form 2648 (Preseparation Counseling Checklist for Active Component Service Members), dated 25 August 2008, shows the applicant indicated his desire for counseling regarding services and benefits related to his travel and transportation allowances.

4.  A DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the applicant entered active duty this period on 19 August 1986, he was honorably retired from active duty on 31 March 2009 in the rank of SFC, and he transferred to the U.S. Army Reserve (USAR) Control Group (Retired).

	a.  He completed 22 years, 7 months, and 12 days of creditable active service.

	b.  Item 19a (Mailing Address After Separation) shows an address in Rineyville, Kentucky.

5.  In support of his application, the applicant provides a copy of an Installation Management Command, Southeast Region, Headquarters, U.S. Army Garrison, Fort Campbell, memorandum, dated 25 May 2011, subject:  Extension of Travel and Transportation Entitlements Denied, that shows the installation transportation officer denied the applicant's request under the provisions of Joint Federal Travel Regulation, Volume I, paragraph U5360-G.

6.  The Joint Federal Travel Regulations (JFTR), Volume 1, Uniformed Service Members, Chapter 5 (Permanent Duty Travel), Part D (HHG Transportation and Storage), section 7 (Retirement, Temporary Duty Retired List, Discharge with Severance/Separation Pay, or Involuntary Release from Active Duty with Readjustment or Separation Pay), governs home of selection (HOS) authorization and storage of HHG.


	a.  A member on active duty is authorized HHG transportation from the last or any previous permanent duty station, from a continental United States designated place, from anywhere the member elects, from storage, or any combination thereof, to the member's HOS.

	b.  A member or dependent authorized HHG transportation is authorized non-temporary storage (NTS).  The authority begins on the date the order is issued and terminates 1 year from the active duty termination date.

	c.  An extension of the 1-year time limit may be authorized/approved through the Secretarial process when an unexpected event beyond the member's control occurs which prevents the member from moving to the HOS within the specified time limit.

	d.  These extensions may be authorized/approved only for the specific period of time the member anticipates is needed to complete the move.  If, at the expiration of this extension period, additional time is required, the member may request a further extension through the Secretarial process citing the reasons for the extension.   An additional authorized period for a specific period of time may then be authorized/approved through the Secretarial process.

	e.  An extension under "other deserving cases" (for any reason) may not be authorized/approved if it extends travel and transportation allowances for more than 6 years from the date of separation or release from active duty or retirement.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his 1-year HHG transportation termination date of
31 March 2010 should be extended for a period of 3 years (to 31 March 2013) because he was not informed of the requirement to request extension of the entitlement on an annual basis.

2.  Records show the applicant was issued orders on 18 July 2008 that released him from active duty on 31 March 2009.  The orders specifically advised him he was authorized up to 1 year (i.e., until 31 March 2010) to complete travel/ movement in connection with his retirement from active service.  In addition, records show relocation assistance pertaining to travel and transportation allowances was available to the applicant and that he requested counseling for the benefit.


3.  There is no evidence the applicant submitted a request for extension of his HHG transportation termination date of 31 March 2010 prior to that date.  In fact, the applicant acknowledges he did not do so because he contends he was not informed of the requirement.

4.  The sincerity of the applicant's contention is not in question.  It is noted that the applicant's official orders provided for a 1-year period to use his travel entitlement.  However, he relied on information from a "lady at the desk" that he had 5 years to use his transportation benefits without understanding how to request extension of the 1-year period authorized in his orders.

5.  Based on the applicant's rank and years of military service, coupled with the instructions in his orders and the evidence of record, it is reasonable to conclude he clearly understood his HHG transportation entitlement expiration date.  It is also reasonable to conclude if he did not fully understand his HHG entitlements, he was aware that there were transportation support services available to him.  Therefore, the applicant's contention he was misinformed about the authorized period of his transportation entitlement and the process of requesting extension of the 1-year period is not credible.

6.  In view of the evidence and information presented by the applicant, together with the evidence of record, there is no basis for granting the applicant's 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)                                         AR20110015946



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110015946



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1