IN THE CASE OF:	  

		BOARD DATE:	  13 September 2012

		DOCKET NUMBER:  AR20120005606 


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 expired transportation entitlement.

2.  The applicant states he returned from Iraq on 22 November 2008 and completed his 7 days of reintegration and then had 5 days to clear Fort Campbell, KY.  He did not get briefed by anyone on the time period for the transportation entitlement or procedures for requesting extensions.  Since his retirement, he was in Afghanistan and Kuwait when the time period to request an extension was due.  He has a son who just graduated from high school last year and started college.  His two youngest children are still in school and he wants to move back to Texas.

3.  The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty), retirement orders, and a letter of disapproval.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 11 July 1987 and held military occupational specialty 19D (Cavalry Scout).  He served through multiple extensions and/or reenlistments and he attained the rank/grade of sergeant first class (SFC)/E-7.

2.  Orders Number 340-0610, issued by Headquarters, 101st Airborne Division (Air Assault), Fort Campbell, dated 5 December 2008, retired him from active duty effective 28 February 2009.  These orders state, "You are authorized up to 1 year to complete selection of a home and complete travel in connection with this action."

3.  Accordingly, he was retired on 28 February 2009 and placed on the Retired List in the rank/grade of SFC/E-7 on 1 March 2009.  He completed 21 years, 3 months, and 12 days of creditable active service.

4.  On 9 December 2011, in response to his request to the Fort Campbell Installation Transportation Office for extension of his travel and transportation entitlement, he was advised by the Installation Transportation Officer that under the provisions of the Joint Federal Travel Regulation (JFTR), Volume I, paragraph U5012-I, his request was denied.

5.  In the processing of this case, on 29 May 2012, an advisory opinion was obtained from the Chief, Transportation Policy Division, Office of the Deputy Chief of Staff, G-4, Washington, DC.  The advisory official recommended denial of the applicant's request for extension.  The official stated that under the provisions of the JFTR, an extension may be authorized for a specific period of time the member anticipates is needed to complete the move.  The applicant's retirement orders stated he had 1 year to complete a move.  In addition, since 2007, the Fort Campbell's pre-retirement briefing included information on travel and transportation with attendance required.

6.  On 1 June 2012, the applicant was provided a copy of the advisory opinion for information and to allow him the opportunity to submit comments or a rebuttal.  He did not respond.

7.  Volume I (Uniformed Service Personnel) of the 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 household goods (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 an HOS selected by the member from his or her last 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.

8.  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.  Paragraph U5012-I of Volume I 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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was retired on 28 February 2009.  His retirement orders stated he was authorized up to 1 year to complete selection of a home and complete travel in connection with his retirement.

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.  The applicant states he was not aware of the requirement to submit an annual request.  In addition, he was deployed as a civilian to Afghanistan and Iraq when the annual extensions would have been due.

3.  It is therefore reasonable to presume that if he had submitted annual requests, the transportation office would have granted him the requested annual extensions.  Requests may be approved for up to 6 years from the date of his retirement based on unexpected events that prevents movement within the specified time limit.  Therefore, it would be appropriate and serve the interest of justice to correct his record to show he was granted the necessary extension of his earned and authorized retirement travel and transportation entitlement in order to allow him move to a designated retirement location at government expense.

4.  Notwithstanding the G-4 advisory opinion that extension is not authorized, it seems appropriate to approve the applicant's request for extension and reinstatement of his HHG shipment entitlement through 28 February 2013.  This would, in effect, authorize the applicant to use the approved extension to complete his final move.


5.  If the applicant requires an additional extension beyond this date, he would need to submit the request for a 1-year extension of his travel and transportation entitlement to the Installation Transportation Division, Fort Campbell, prior to 28 February 2013.  Additional extensions beyond 28 February 2015 (6 years after his retirement) would not be authorized.

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 his retirement transportation entitlements through 28 February 2013.



      ___________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)                                         AR20120005606



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ABCMR Record of Proceedings (cont)                                         AR20120005606



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