IN THE CASE OF:	  

		BOARD DATE:	  27 November 2012

		DOCKET NUMBER:  AR20120007262 


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 Transportation and Travel Allowance.

2.  The applicant states he was unaware of the yearly requirement to request an extension.  He was undergoing surgeries on his foot and if he was told he would have to request annual extensions, he does not recall be so advised.

3.  The applicant provides his retirement orders, his request for reinstatement of his Transportation and Travel Allowance, an email advising him of denial of reinstatement, and 18 pages of service medical records.

CONSIDERATION OF EVIDENCE:

1.  The applicant, a retired sergeant first class, served on active duty from 13 May 1988 through 12 May 1991 and from 5 October 1992 through his retirement date of 31 October 2009.  His last duty station was Fort Hood, Texas.

2.  The applicant's retirement orders notified him that he was authorized up to 1 year to complete selection of a home and complete travel in connection with this action.  The orders do not include any reference to extensions of this benefit.



3.  The medical records provided by the applicant show he received treatment for a foot injury that occurred in the line of duty.  He was released from treatment for this condition on 18 August 2009 without limitations, approximately a month and a half before his retirement date.

4.  On 7 February 2012, the applicant requested reinstatement and an extension of his Transportation and Travel Allowance.  He stated at the time of his separation he was undergoing surgeries on his foot and does not recall being told that an annual request for an extension was required.  Following his retirement, he was working for the Army Directorate of Logistics at Fort Hood and had completed a four-month contract in Afghanistan.  He had to cut this overseas contract short due to medical issues with his wife and parents and he is moving back to his home of record due to ongoing family medical issues.

5.  A 2 May 2012 advisory opinion from the Chief, Transportation Policy, Office of the Deputy of Staff, G-4, Washington, DC, states reinstatement of the applicant's Transportation and Travel Allowance was not warranted.  Joint Federal Travel Regulations (JFTR) require yearly extensions and the delay in his shipment of his household items was not incident to his retirement since he was shown to have been employed as a contractor overseas.  A copy of the advisory opinion was provided to the applicant for comment or rebuttal.  He did not respond within the given time frame.

6.  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.  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.

7.  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 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.  The evidence of record shows the applicant was honorably retired on 31 October 2009.  His retirement orders stated that he was authorized up to 1 year to complete selection of a home and complete travel in connection with this action and that he should contact the appropriate transportation office for making HHG shipment arrangements.

2.  The applicant's last military duty station coincided with his post-service employment location.  He states that the only reason he is considering moving at this point is due to current family medical problems. 

3.  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, or a total of 6 years.  Extensions due to unforeseen medical reasons, education or training, and/or other deserving cases when an unexpected event beyond the retiree's control occurs which prevents the retiree from moving within the time limits may be granted under these extension provisions and it must be presumed that had the applicant filed his extension request on time, it would have been granted in this case.

4.  Although there is no evidence that he was not properly counseled and although he was a senior noncommissioned officer on an active duty installation, it is clear that the only reason for denying his extension request was his failure to submit the request in a timely manner.

5.  Therefore, given he has explained the circumstances that led to his failure to submit the extension request on time, 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.

6.  Notwithstanding the Department of the Army G-4's opinion that an extension is not warranted, it seems appropriate to show the applicant's annual requests for extension and reinstatement of his HHG shipment entitlements were approved through 31 October 2013 (4 years after his retirement).  This would, in effect, authorize the applicant to use the approved extension(s) to complete his final move.  He would be responsible for submitting any further requests for extension.

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 31 October 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)                                         AR20120007262



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ABCMR Record of Proceedings (cont)                                         AR20120007262



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