IN THE CASE OF:	  

		BOARD DATE:	  21 August 2012

		DOCKET NUMBER:  AR20120003397 


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 reinstatement of his entitlement to travel and shipment of household goods (HHG) to a home of selection (HOS) and to store non-temporary storage (NTS) items at government expense.

2.  The applicant states he requested in writing that his entitlements to move HHG and maintain NTS items be extended until 30 June 2013 while he accepted a position as a Junior Reserve Officers' Training Corps (JROTC) instructor in the Athens, AL, area.

	a.  The first extension was granted; however, he failed to request a subsequent year's extension.  His entitlements were allowed to expire without warning or notification on 31 January 2011.  He was notified 1 year later that his entitlements expired because he failed to submit an additional request for an extension.

	b.  He requests relief from the $413.28 in 1-year storage and delivery charges that the Redstone Arsenal Installation Travel Office now requires before he can have his NTS items delivered to his home on 9 February 2012.  The travel office stated the storage account was converted to his expense effective 15 February 2012.

3.  The applicant provides:

* retirement orders, dated 11 December 2007
* recall to active duty orders, dated 15 May 2008
* request for extension of final HHG and NTS entitlements
* letter from U.S. Army Installation Management Command, Headquarters, U.S. Army Garrison-Redstone, Redstone Arsenal, AL, dated 21 January 2009
* a letter from the Transportation Office, Headquarters, U.S. Army Garrison-Redstone, dated 3 January 2012
* request for further extension of final HHG and NTS entitlements
* letter from the Transportation Office, Headquarters, U.S. Army Garrison-Redstone, dated 3 February 2012
* DD Form 1164 (Service Order for Personal Property), dated 3 February 2012
* DD Form 1299 (Application for Shipment and/or Storage of Personal Property), dated 3 February 2012

CONSIDERATION OF EVIDENCE:

1.  On 30 June 2008, he retired from the Regular Army after having served 30 years and 21 days of active service.  

2.  Installation Management Command, Fort Lewis, WA, Orders 345-0026, dated 11 December 2007, released him from assignment effective 30 June 2008.  The additional instructions in the orders advised him he was authorized up to 1 year to complete HOS and complete travel in connection with his retirement.

3.  Item 19a (Mailing Address after Separation) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 30 June 2008 contains an address in Huntsville, AL.  The address with his application to the Army Board for Correction of Military Records (ABCMR) is the same as that in item 19a of his DD Form 214.

4.  U.S. Army Human Resources Command Orders A-05-809154, dated 15 May 2008, recalled him to active duty from retired status to report 1 July 2008 to serve as Commander, 8th Brigade, Redstone Arsenal, AL.

5.  Headquarters, U.S. Army Garrison-Redstone, Orders 354-0001, dated 19 December 2008, released him from active duty effective 31 January 2009 and reverted him to retired status.  The address in item 19a of his DD Form 214 with an effective date of 31 January 2009 is the same as the address on his application to the ABCMR.

6.  On 8 January 2009, he requested extension of his entitlement to move HHG and keep items in NTS until 30 June 2013.

7.  A letter, dated 21 January 2009, from Headquarters, U.S. Army Garrison-Redstone, partially approved his request.

	a.  Based on his retirement, recall to active status, and subsequent reversion to retired status, his entitlement to NTS was extended to 1 February 2010.

	b.  Based on his release from active duty and reversion to retired status his HHG entitlement to his HOS was extended to 31 January 2010.  His request for a further extension was approved until 31 January 2011.

	c.  He was advised he could request to leave his property in NTS at the government rate for the duration of the extension.

	d.  He was advised that with proper justification, extensions to travel and transportation entitlement could be granted in 1-year increments, not to exceed 6 years from his retirement date.  This was his first extension.  If he desired a further extension he must submit his request, with proper documentation and orders, at least 2 weeks prior to the expiration of this extension.

8.  In a letter, dated 3 January 2012, the Transportation Office, Headquarters, U.S. Army Garrison-Redstone, contacted the applicant to see if he had received another extension for his HHG entitlement.  If he did not receive another extension, he was no longer entitled to ship his HHG to HOS.  The NTS needed to be converted to his expense and he needed to contact the commercial storage company for continued storage or shipment of his HHG.

9.  In a letter, dated 7 January 2012, the applicant requested extension of his entitlement to HHG shipment to his HOS to 30 June 2013.

10.  In a letter, dated 3 February 2012, the Redstone Arsenal Transportation Office stated his request to extend his HHG entitlement was forwarded to the Personal/Passenger Policy, Headquarters, Department of the Army (HQDA), office.  HQDA determined it did not have the authority to reinstate the HHG entitlement that expired 12 months ago.  He was also notified that his entitlement for NTS of his personal property had expired.  The government would no longer pay for storage/shipment of his HHG.  The HHG storage account at Alabama Truck Lines would be converted to his expense effective 15 February 2012.

11.  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.

	a.  Paragraphs U5130, U5230, and U5365-F contain the policy and procedures pertaining to the shipment of HHG to an 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 or her 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.

	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 an HOS within the specified time limit.  This includes:

* the member undergoing hospitalization or medical treatment
* the member undergoing education or training
* other deserving cases when an unexpected event beyond the member's control occurs which prevents the member from moving to the HOS within the specified time limit

	c.  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.

	d.  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.  An explanation of the circumstances justifying the extension must include:

* the specific additional time period
* a description of the circumstances that prevent use with the prescribed time
* acknowledgement that the extension is not being granted merely to accommodate personal preferences or convenience

	e.  Paragraph 5380 states a member who is authorized HHG transportation to a HOS, is authorized NTS of HHG for a period not to exceed 1 year from the date of active duty termination.  This period may be extended in the same manner as a member's extension of HHG to his or her HOS.

DISCUSSION AND CONCLUSIONS:

1.  His mailing address after separation on his DD Forms 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 or the date he reverted to a retired status after being recalled to active duty.

2.  His initial HHG and NTS entitlement based on his retirement date was to expire 30 June 2009.  He was immediately recalled to active duty and released from active duty on 31 January 2009.  This changed his HHG and NTS entitlement expiration date to 31 January 2010.  He was granted a 1-year extension to 31 January 2011.  He didn't request a second extension until a year after his entitlement had expired.

3.  The JFTR states 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.  He was informed in January 2005 about the 1 year increment policy and when he should submit his next request.

4.  The reasons for granting extensions include medical treatment, education, or training.  He has not indicated any of these circumstances as a reason for his request for an extension.

5.  Extensions are also granted for deserving cases where an unexpected event beyond the member's control occurs which prevents the member from moving to an HOS within the specified time limit.  He has not provided any evidence of an unexpected event.  He stated he accepted a position as a JROTC instructor after he reverted to a retired status.

6.  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 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)                                         AR20120003397



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ABCMR Record of Proceedings (cont)                                         AR20120003397



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