BOARD DATE:	  18 September 2012

		DOCKET NUMBER:  AR20120004440 


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 correction of his military records to show his home of record (HOR) as Siquijor, Philippines.  He also request that his records show he was granted an extension for shipping his household goods.

2.  The applicant states he retired on 31 March 2004.  He was being monitored on a monthly basis by his family care physician due to an ongoing medical condition that prevented him from relocating without the possibility of getting the right medical care.  He is truly concerned about his health before moving to his final retirement location.  At this time, his physician has determined that his condition has stabilized.  Therefore, the applicant wishes to ship his household goods and personal items to his ultimate place of retirement in Siquijor, Philippines, where he can live life comfortably after years of serving his country.

3.  The applicant provides copies of:

* letter from his family physician, dated 12 January 2012
* DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 March 2004 (member copies 1 and 4)
* Orders 135-0003, Headquarters, U.S. Army Aviation and Missile Command, Redstone Arsenal, Alabama, dated 15 May 2003
* request to Redstone Arsenal Transportation Office, dated 10 November 2011
* reply from Redstone Arsenal Transportation Office, dated 31 January 2012

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.  On 15 November 1983, the applicant enlisted in the Regular Army.  He served through a series of reenlistments and retired in the rank/pay grade of sergeant first class/pay grade E-7 on 31 March 2004.  He completed 20 years, 4 months, and 16 days of creditable active duty service.

3.  A review of the applicant's enlistment and four reenlistment contracts shows he claimed his HOR on each as Stockton, California.

4.  Orders 135-0003, Headquarters, U.S. Army Aviation and Missile Command, Redstone Arsenal, Alabama, dated 15 May 2003, indicate the applicant did not identify a home of selection (HOS).  His HOR is shown as Stockton, California.  The additional instructions state he had 1 year to complete selection of a home and to complete travel in connection with his retirement.

5.  The applicant provided a copy of his request to the transportation office, dated 10 November 2011, wherein he asked to extend his shipping eligibility for 1 year and thereafter for the purpose of temporarily residing in Alabama due to his then current employment.

6.  On 12 January 2012, the applicant's physician wrote a letter addressed to "Whom It May Concern."  In this letter, the physician states the applicant has been a patient of his for several years and has hemochromatosis that affected his liver.  He required monthly phlebotomy.  He also has allergic rhinitis requiring allergy shots every 2 weeks, high cholesterol, and moderate osteoarthritis of his knees.  He was not able to make a permanent move after his retirement from the military due to his health issues.  His conditions have now stabilized and the physician has agreed regarding a permanent move.

7.  On 31 January 2012, the transportation office responded by email to the applicant's request of 10 November 2011.  In essence, the email made the following statements:

	a.  His request for an extension of the transportation entitlement was denied.  Per directive from Headquarters, Department of the Army, G-4, the transportation entitlement is a use or lose authorization and was never intended to be a lifetime entitlement beyond a total of 6 years.

	b.  The U.S. Comptroller General and the Department of Defense General Counsel have ruled that an extension may not be granted to accommodate personal preferences or convenience or if it extends entitlements for more than 6 years from the date of retirement unless a certified retiree's personal medical emergency prevents that relocation at the 6-year mark.  Examples of a medical emergency at the 6-year mark would be the retiree being confined to a hospital, the retiree undergoing chemotherapy, or the recent passing of an immediate family member.

	c.  The expectation was that if a medical emergency occurred on 31 March 2010, shortly thereafter (weeks, not years) the retiree is able to travel.  The letter from the applicant's physician does not include any such medical emergencies.

8.  The Joint Federal Travel Regulation (JFTR), volume I, provides:

	a.  that travel to a selected home must be completed within 1 year after active duty termination;

	b.  that travel and transportation allowance extensions for members separating from the service may be authorized and approved for a specific additional time period using the Secretarial Process;

	c.  that such requests require a written time limit extension that includes an explanation of the circumstances justifying the extension.  It may be authorized and approved only when circumstances prevent use within the prescribed time; and must be for the shortest time appropriate under the circumstances.  It may not be granted merely to accommodate personal preferences or convenience; and may not be authorized and approved if it extends travel and transportation allowances for more than 6 years from the date of retirement unless a certified on-going medical condition prevented the relocation of the member or dependent(s) from the date of retirement; and

	d.  that the HOR is the place recorded as the home of the individual at the time of enlistment or induction.  There is no authority to change the HOR as officially recorded at time of entry into the military service.  However, there is authority to correct an HOR if erroneously entered on the records at that time and then only for travel and transportation purposes.  Correction of the HOR must be based on evidence that a bona fide error was made and the HOR as corrected must have been the actual home of the individual at the time of entry into the relevant period of service.  It may not be a place selected for the convenience of the Soldier.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected to show his HOR as Siquijor, Philippines.  He also request that his records show he was granted an extension for shipping his household goods because he had an ongoing medical condition that prevented him from relocating.

2.  The evidence of record clearly shows the applicant established his HOR as Stockton, California, on his initial enlistment and maintained this same location throughout his entire length of service.  There is no evidence of error.  It appears that he now simply wishes to change his HOR to facilitate a relocation to the Philippines.

3.  The applicant's request for an extension of his transportation entitlement may not be granted merely to accommodate personal preferences or convenience and may not be authorized and approved if it extends travel and transportation allowances for more than 6 years from the date of separation.  In the applicant's situation, more than 5 years have already transpired.

4.  The applicant's medical conditions were considered and do not constitute a medical emergency that would support extension beyond the 6-year period.

5.  In view of the above, 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)                                         AR20120004440



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ABCMR Record of Proceedings (cont)                                         AR20120004440



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