IN THE CASE OF: 

		BOARD DATE:	  1 August 2013

		DOCKET NUMBER:  AR20130000088 


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 her expired transportation entitlement for 5 years post retirement.

2.  The applicant states:

	a.  She retired on 1 June 2010.  During her outprocessing at the U.S. Army War College, Carlisle Barracks, PA, she was made aware of her entitlement to extend her final household goods (HHG) move for a period of 5 years.  She currently lives in Camp Hill, PA.  She has not moved her HHG under her retirement orders.  She and her husband have not made a final decision regarding permanent residence since her husband is still on active duty.  

	b.  She contacted an individual at the transportation office, Carlisle Barracks, PA, in June 2011, a year after her retirement, to reinstate her HHG transportation authorization.  However, in 2012, she was not able to contact that individual because the individual no longer worked there.  In reviewing her retirement material, there are no details about how retirees are to reinstate the HHG transportation authorization.  In November 2012, another individual at Carlisle Barracks, PA, advised her to submit a request but her request was denied on 4 December 2012.  Her spouse is a general officer and is still on active duty.  He has been relocated twice since she retired. 

3.  The applicant provides her retirement orders, dated 21 August 2009. 


CONSIDERATION OF EVIDENCE:

1.  The applicant's records show she was appointed as a Regular Army commissioned officer and executed an oath of office on 31 May 1980.  She served in a variety of stateside and/or overseas assignments and she attained the rank of colonel (COL).  

2.  On 21 August 2009, Headquarters, Carlisle Barracks, PA published Orders 233-0002 ordering her retirement effective 31 May 2010.  The orders stated "You are authorized up to 1 year to complete selection of a home and complete travel in connection with this action."  

3.  She retired on 31 May 2010 and she was placed on the Retired List in the rank of COL on 1 June 2010.  

4.  There is no indication she submitted a request for an extension of her HHG transportation allowance after she retired. 

5.  An advisory opinion was obtained from the Office of the Deputy Chief of Staff, G-4, on 6 May 2013 in the processing of this cass.  The advisory official stated:

	a.  The Secretarial process (G-1/G-4) has no Joint Federal Travel Regulation (JFTR) authority to reinstate an expired travel and transportation shipment entitlement or authorization which ended on 1 June 2011.  The authority begins on the date the order is issued and terminates 1 year from the active duty termination date.  The JFTR contains basic statutory regulation concerning a uniformed service member's travel and transportation.  These regulations have the force and effect of the law.  The JFTR is issued primarily under the authority of Title 37, U.S. Code, section 411 and chapter 7. 

	b.  The applicant's retirement orders clearly state she was authorized up to 1 year to select a home and complete travel in connection with this action.  All installation transition/retirement briefings discuss retirement benefits and offer the opportunity to ask questions, if not clear or understood.  All installation clearance forms require a trip to the Transportation Office as a mandatory stop to receive additional instructions on shipment of property, non-temporary storage authorization, and a retiree's requirement to submit annual extension request and maximum duration. 

6.  She was provided with a copy of this advisory opinion but she did not respond. 


7.  Volume 1 (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 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.

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 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 1 June 2010.  Her retirement orders stated that she was authorized up to 1 year to complete selection of a home and complete travel in connection with this action and that she should contact the appropriate transportation office for making HHG shipment arrangements.

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, 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 her extension request on time, it would have been granted in this case.

3.  Although there is no evidence that she was not properly counseled and although she was a senior officer on an active duty installation, it is clear that the only reason her transportation allowance expired was her failure to submit a request in a timely manner, and/or she attempted to rectify this oversight in a timely manner.

4.  Therefore, given she has explained the circumstances that led to her failure to submit the extension request on time and notwithstanding the Department of the Army G-4's advisory opinion that extension is not authorized, it would be appropriate and serve the interest of justice to correct her record to show she 
submitted annual requests for extension and reinstatement of her HHG shipment entitlements and that her requests were approved, as exceptions to policy through 1 June 2014 (4 years after her retirement).  This would, in effect, authorize the applicant sufficient time to use the approved extension to complete her final move.  

5.  The applicant should apply in writing for any further extensions through normal channels. (i.e., the installation transportation office).

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ___X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial 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 her retirement transportation entitlements through 1 June 2014.

2.  The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to reinstating her expired transportation allowance for a period of 5 years from the date of retirement. 



      _______ _ 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)                                         AR20130000088





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ABCMR Record of Proceedings (cont)                                         AR20130000088



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