IN THE CASE OF:
BOARD DATE: 25 July 2013
DOCKET NUMBER: AR20120021585
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 restoration of his retirement transportation entitlements.
2. The applicant states:
* his request for transportation entitlements was disapproved
* he completed all required documents and forms prior to retirement, but he was recently told he needed an exception to policy
* he was also told a yearly updated letter needed to be filed, but he was not briefed on this matter prior to retirement
3. The applicant provides a letter, dated 20 October 2012, from the Installation Transportation Officer at Fort Hood, TX.
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. The applicant retired on 31 May 2009 in the rank of sergeant first class after completing over 23 years of active duty. His retirement orders notified him he was authorized up to 1 year to complete selection of a home and complete travel in connection with this action.
3. There is no evidence which shows he requested an extension of his travel and transportation entitlements yearly beginning in 2010.
4. He provides a letter, dated 20 October 2012, from the Installation Transportation Officer at Fort Hood, TX which states:
* his request for reinstatement and extension of his expired transportation entitlement was disapproved
* yearly extensions are required
* he could appeal this decision to the Army Board for Correction of Military Records
5. 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.
6. The JFTR, paragraph U5365, states that household goods must be turned over for transportation within 1 year following termination of active duty. An extension of the 1-year time limit may be authorized/approved through the Secretarial Process when an unexpected event beyond the members control occurs which prevents the member from moving to the home of selection within
the specified time limit. A time limit extension also may be authorized/approved through the Secretarial Process, if in the best interest of the Service, or substantially to the members benefit and not more costly or adverse to the Service.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends prior to retirement he was not told he had to file for an extension of travel and transportation entitlements each year.
2. The evidence of record shows he retired on 31 May 2009 and his retirement orders indicated he was authorized up to 1 year to complete selection of a home and complete travel in connection with this action.
3. By law, a retired Soldier must request an extension of travel and transportation entitlements yearly.
4. Although he failed to request an extension of travel and transportation entitlements within the given time frame, based on his 23 years of creditable active service, it would be equitable to correct his records to show his request for reinstatement and extension of his expired transportation entitlements was approved.
BOARD VOTE:
____X____ __X______ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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
showing his annual requests for reinstatement and extensions of his expired transportation entitlements were approved through May 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) AR20120021585
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120021585
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120007262
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. Notwithstanding the Department of the Army G-4's opinion that an extension is not...
ARMY | BCMR | CY2014 | 20140006425
The applicant's request for extension of travel and transportation entitlement was forwarded to the HQDA G-4 Personal Property Office for review. The Secretarial process (HQDA G-1/G-4) has no JFTR authority to reinstate an expired travel and transportation shipment entitlement or authorization which ended on 30 March 2011. Although he failed to request an extension of travel and transportation entitlements within the given time frame, based on his 20 years of active service and permanent...
ARMY | BCMR | CY2008 | 20080017718
The applicant requests, in effect, that his records be corrected to show he requested an extension of entitlement to ship his household goods. It appears the applicant submitted a request for an extension of his travel and shipping entitlement in September 2008, 2 years subsequent to his retirement date. Although the applicant failed to timely file a request for extension of his travel and transportation entitlements, it would be appropriate and serve the interest of justice to correct his...
ARMY | BCMR | CY2014 | 20140012569
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. The evidence of record shows the applicant was retired on 30 November 2011. 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 30...
ARMY | BCMR | CY2015 | 20150002389
He submits copies of his request letters for extension of his HHG transportation entitlements for years 2013 and 2014. Travel and transportation entitlements expire 6 years from the date of retirement. He provides copies of his requests for extension of his entitlement for years 2013 and 2014; however, he failed to provide extension authorization letters from the transportation office.
ARMY | BCMR | CY2009 | 20090004327
e. A chronological listing, titled: Notes to Support Extension of Transportation Request, showing the applicant's efforts in requesting an extension of his travel and transportation entitlements post-retirement. On 13 October 2008, the applicant requested that his retirement home of selection travel and transportation entitlements be reinstated. Paragraph U5012-I of the JFTR states that a written time limit extension that includes an explanation of the circumstances justifying the...
ARMY | BCMR | CY2011 | 20110013323
The applicant provides a self-authored statement; an HHG extension request and approval recommendation of local command; a Deputy Chief of Staff, G-4, denial of the extension request; and a doctor's letter. He also stated the applicant's orders clearly stated he had 1 year to select a home and complete his travel in connection with his retirement and local transportation retirement briefings provided the opportunity to ask questions. As a result, it would be appropriate and serve the...
ARMY | BCMR | CY2012 | 20120007095
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). Travel and transportation entitlements expire 6 years from the date of retirement. 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...
ARMY | BCMR | CY2010 | 20100010824
The applicant requests, in effect, that he be granted an extension of his travel and transportation entitlements. The applicant was provided a copy of this advisory opinion and given the opportunity to respond. The applicant states that he did not request an extension of his travel and transportation entitlements because of the operational tempo of his civilian job.
ARMY | BCMR | CY2011 | 20110005120
The period of time is requested in yearly extension requests submitted by the Soldier. 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 her HHG shipment entitlements through 30 April 2012 (6 years after her retirement). 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...