IN THE CASE OF: 

		BOARD DATE:	    29 November 2012

		DOCKET NUMBER:  AR20120009533 

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 an extension to move her household goods.

2.  The applicant states:

	a.  she is requesting an exception to policy to move her household goods because the regulation was written during the time when it was more feasible for retirees to move within that time without creating undue hardship.  She requests the regulation be updated to prevent retirees from going through undue economical stress.

	b.  the transportation office in San Antonio, TX called and informed her to request an extension because they did not have the authority and they were not aware she was granted an extension and that her record was corrected to reflect the change.

	c.  while waiting for the results from the Board, she had to seek employment through the American Legion to pay her bills.  She is currently a member of the American Legion and she is obligated to them through June 2012.

	d.  she is still seeking continuous medical care for her knee, shoulder, and joint pain.  She is being treated at the Department of Veterans Affairs (DVA) for degenerative bones.



	e.  currently she is still working with her rehabilitation counselor to complete her LPC examination.  Due to post traumatic stress disorder, she failed her first two examinations so she is attempting to get her license.  By doing that she has to attend the Wells Spring training prior to the examination.

	f.  she has been trying to sell her house but due to the economy she is unable to sell it.  If this home is not sold she is unable to financially maintain two households at this time.  Moving right now would create undue hardship.       

3.  The applicant provides:

* Contract with the American Legion
* Appointment sheet for magnetic resonance imaging (MRI)

CONSIDERATION OF EVIDENCE:

1.  The applicant retired on 30 April 2006 in the rank of master sergeant after completing over 22 years of active duty.  Her retirement orders notified her she was authorized up to 1 year to complete selection of a home and complete travel in connection with this action.  

2.  Information obtained from the Chief, Transportation Policy Division, Office of the Deputy Chief of Staff, G-4, Headquarters, Department of the Army revealed she submitted a request for extension of her transportation entitlement in 2007 but did not follow-up the extension approval or submit future requests.  

3.  On 8 September 2011, the Army Board for Correction of Military Records (ABCMR) granted relief by correcting the applicant's records to show she timely requested and received approval for annual extensions of her retirement transportation entitlements through 30 April 2012 (6 years after her retirement).   

4.  She provided a contract from the American Legion which shows her term of service began on 8 June 2011 and ended on 7 May 2012. 

5.  She also provided an incomplete (no patient name or date) appointment sheet indicating an MRI was performed.

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.  Paragraph U5130 states travel to a selected home must be completed within 1 year of active duty termination.  A written time limit extension may be authorized/approved using the Secretarial Process.  An explanation of the circumstances justifying the extension must include the specific additional time period; a description of the circumstances that prevent use within the prescribed time; and acknowledgement that the extension is not being granted merely to accommodate personal preferences or convenience.

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 permanent duty station 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 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.  

8.  The JFTR states an extension must not be authorized/approved if it extends travel and transportation allowances for more than 6 years from the date of separation or release from active duty or retirement unless a member’s certified on-going medical condition prevents relocation of the member for longer than
6 years from the separation/retirement date.

DISCUSSION AND CONCLUSIONS:

1.  The applicant retired on 30 April 2006 and her retirement orders indicate she was authorized up to 1 year to complete selection of home and complete travel in connection with this action.  She submitted a request for extension of her transportation entitlement in 2007 but did not follow-up the extension approval or submit future requests.  

2.  In September 2011, the ABCMR corrected her records to show she timely requested and received approval for annual extensions of her retirement transportation entitlements through 30 April 2012 (6 years after her retirement).   

3.  Extensions will not be authorized if it extends travel and transportation allowances for more than 6 years from the retirement date.

4.  She is now requesting an extension to move her household goods due to employment obligations, medical issues, and the inability to sell her home.      

5.  The American Legion contract she provided shows her employment obligation ended on 7 May 2012.   

6.  She contends she is still seeking continuous medical care for her knee, shoulder, and joint pain and she is being treated for degenerative bones at the VA.  However, there is no evidence of record and she provided no evidence which shows she had a certified on-going medical condition which prevented her relocation for longer than 6 years from the separation/retirement date.

7.  She has failed to show through the evidence she submitted and the evidence of record that an exception is warranted in her case at this time.

8.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.

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)                                         AR20120009533





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ABCMR Record of Proceedings (cont)                                         AR20120009533



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