IN THE CASE OF:	  

		BOARD DATE:	  6 December 2012

		DOCKET NUMBER:  AR20120007095 


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 her records to show she timely requested an extension of her entitlement to ship her household goods (HHG) to her home of selection (HOS).

2.  The applicant states she thought she had 1 year to complete her HOS and complete shipment of her HHG, but her supervisor informed her there was a
5-year extension that was authorized.  She did not want to move at the time of her retirement because her son was a senior in high school.  Her retirement orders clearly state she had 1 year to complete her HOS for travel entitlement, but they do not mention the provisions for requesting extensions of that entitlement.

3.  The applicant provides:

* Orders 176-0250, issued by the U.S. Army Installation Management Command (IMCOM), Headquarters, U.S. Army Garrison, Fort Bragg, NC, dated 24 June 2008
* her request to the Fort Bragg Transportation Entitlement Office, dated
27 February 2012
* her memorandum to IMCOM, Fort Bragg, subject:  Shipping and Travel Entitlement Extension, dated 30 March 2012
* emails, subject:  Request for Reinstatement of Travel and Transportation Entitlement – (Applicant's name), dated between 26 - 30 March 2012

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 26 May 1989.  She retired on 31 May 2009 for sufficient service for retirement and she was placed on the Retired List the following day.  She completed 20 years and 5 days of creditable active service.

2.  Orders 176-0250, dated 24 June 2008, released her from active duty effective 31 May 2009 and placed her on the Retired List on 1 June 2009 in the rank/grade of sergeant first class (SFC)/E-7.  

3.  The additional instructions section of her retirement orders state she was authorized up to 1 year to complete selection of a home and completion of travel in connection with this action.  There is no information on the orders concerning the provisions and requirements for requesting extensions of this entitlement.

4.  Her address on her application is the same address as that shown on her 
DD Form 214 (Certificate of Release or Discharge from Active Duty).

5.  On 27 February 2012, she submitted a request for an extension of her HHG transportation entitlements.  She did not want to move at the time of her retirement until her son graduated from high school.

6.  IMCOM Memorandum, dated 30 March 2012, denied her request.

	a.  Her travel and transportation entitlement expired on 31 May 2010 without a valid justification that precluded the ability for her to request an extension via visit, email, or letter to the Fort Bragg Transportation Office and follow-up for approval.

	b.  Headquarters, Department of the Army does not have the authority to reinstate an expired shipping entitlement from 22 months ago.

7.  The Joint Federal Travel Regulation (JFTR), paragraph U5365, states a member is required to contact a Transportation Office for an extension prior to the 1st anniversary date of his or her retirement.  A member is required to request an extension yearly.  Travel and transportation entitlements expire 
6 years from the date of retirement.  

8.  The JFTR, Volume 1 (Uniformed Service Personnel) contains the basic statutory regulations concerning official travel and transportation of members of 

the Uniformed Services.  Paragraphs U5130, U5230, and U5365-F contain the policy and procedure pertaining to the shipment of HHG to an HOS by uniformed service personnel upon retirement.  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.

9.  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.  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.  Paragraph U5012-I of Volume 1 of the JFTR 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.

DISCUSSION AND CONCLUSIONS:

1.  Her initial 1-year entitlement expired on 31 May 2010.  She did not submit a request for an extension of her entitlement within the 1st year of her entitlement.  She requested an extension on 27 February 2012, almost 21 months after her entitlement expired.  Since she did not apply within 1 year, her request was denied.

2.  The JFTR does indicate 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, or a total of 6 years.  While it is clear that the applicant failed to submit a request for extension in a timely manner, it is presumed that had she filed her extension request on time it would have been granted.

3.  It is clear that the only reason for denying her extension request was her failure to submit the request in a timely manner.  Therefore, it would be equitable and serve the interest of justice to correct her record to show she timely requested and received an annual extension of her travel and shipment entitlement of her household goods through 31 May 2013 in order to allow her sufficient time move to a designated retirement location at Government expense.

4.  Extensions cannot be authorized if it extends travel and transportation allowances for more than 6 years from the separation/retirement date.  Therefore, extensions cannot be authorized beyond 31 May 2015.

5.  In view of the foregoing, the applicant's record should be corrected as recommended below.

BOARD VOTE:

____X____  ___X_____  __X______  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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:

	a.  showing she timely requested extension of her travel and transportation entitlements on 30 April 2010 that was approved through 31 May 2011;

	b.  showing she timely requested and was approved subsequent requests for extension of her travel and transportation entitlements through 31 May 2013.

2.  The applicant is cautioned that she must submit future extension requests (i.e., another 1-year extension for the period ending 31 May 2014 and a separate request for the period ending in 31 May 2015 through normal transportation office channels which are subject to government approval.  It is recommended she 

submit future extension requests not later than 60 days prior to the expiration of her entitlement (i.e., not later than 31 March 2013, and 31 March 2014).



      ___________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)                                         AR20120007095



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ABCMR Record of Proceedings (cont)                                         AR20120007095



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