IN THE CASE OF:	  

		BOARD DATE:	  17 April 2012

		DOCKET NUMBER:  AR20110016572 


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 reversal of the previous denial of an extension on his household goods (HHG) storage time limit.

2.  The applicant states that as a 30 percent disabled veteran he received Department of Veterans Affairs (VA) help to become a certified teacher.  However complications such as his need to care for the children, his Soldier wife being assigned as a drill instructor and later deployed to Afghanistan and the lingering illness and death of his sister complicated his life to the point that he could not take care of the household goods issue.  He believes that, in denying his recent request, the cognizant authority failed to take into consideration the special circumstances provided for by the Joint Financial Travel Regulations (JFTR).  These include;

* illness/death in family
* deployment of active duty spouse
* academic or vocational training

3.  The applicant provides copies of his 31 August 2006 DD Form 214 (Certificate of Release or Discharge from Active Duty, a correspondence exchange concerning his household goods, correspondence and documents regarding the death of his sister, his wife's transfer orders, his college transcript, his 1 August 2011 appeal and the email exchange response.



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.  The applicant retired on 31 August 2006, due to length of service.  He was a Regular Army sergeant first class (SFC), pay grade E-7 and had approximately 22 years and 3 months of continuous active duty .  The available information indicates he had two sons aged approximately 16 and 10 years old.  He was separated at Fort Stewart, Georgia and in accordance with the JFTR he had 1 year to decide and arrange for the disposition or transfer of his HHG to his home of retirement.  

3.  In March 2007, his wife, also a Regular Army SFC, was transferred from Fort Stewart to Fort Leonard Wood, Missouri.  On 27 March, her reporting date of 20 April 2007 was amended to 4 June 2007.

4.  On 24 July 2009, she received orders for a temporary change of station assignment of indeterminate length, an ITCS assignment, to Afghanistan.

5.  In a 23 May 2011 letter to the Fort Leonard Wood, Travel Office the applicant requested another extension.  A July 2011 exchange of emails explains that the applicant has submitted no convincing evidence that another (retroactive) extension was warranted.

6.  With his application the applicant submitted his college transcript showing that he was granted a Master of Teaching Arts in July 2009 from Armstrong Atlantic State University of Savanna, Georgia.  He also sent an obituary that his married 48 year old sister with two adult children, three brothers and four sisters died on 24 September 2010.

7  Volume 1 (Uniformed Service Personnel) of the JFTR contains basic provisions concerning official travel and transportation of members of the uniformed services. 
	a.  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.

	b.  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 member's benefit 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.  

	c.  Paragraph U5012-I 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.

	e.  Paragraph U5365A states except for a member undergoing hospitalization, medical treatment, education or training, or in other deserving cases (paragraphs U5365-D through F), HHG must be turned over for transportation within 1 year following active duty termination.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant retired on 31 August 2006.  He had 1 year to complete his HHG movement to the location of his choice.  That deadline was extended to 1 September 2008. 

2.  Although he submitted various documents to substantiate his appeal, in reality, he provided nothing to show that his time was so highly occupied that he could not pay reasonable attention to his own affairs.
3.  The death of his sister, who had numerous other living relatives besides the applicant, occurred approximately 2 years after the extended deadline on his HHG.  Furthermore he did not provide any details, let alone provide substantiating evidence to show how this family event could have taken up so much of his time. 

4.  The applicant claimed special circumstance necessitated another extension.  However, he has provided neither a reasonable explanation for his further delay nor a satisfactory justification for the requested extension.

5.  In view of the foregoing evidence, the applicant's request should be denied.

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)                                         AR20110016572





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110016572



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1