IN THE CASE OF:	  

		BOARD DATE:  19 December 2013

		DOCKET NUMBER:  AR20130002844 


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 that her final retirement permanent change of station (PCS) entitlements be reinstated based on the Joint Federal Travel Regulation (JFTR).

2.  The applicant states, in effect, that she submitted her request for an extension of her PCS entitlements in a timely manner and the request was denied.  

3.  The applicant provides a copy of her last extension approval, a letter from her requesting an exception to policy, a memorandum from a registered nurse dated 25 October 2012, copies of email traffic regarding her denied request, and a copy of her retirement orders.  

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 enlisted in the Regular Army in Maryland on 18 November 1987 for a period of 4 years.  She completed her training and remained on active duty through a series of continuous reenlistments.  On 23 September 1996, she was assigned to Fort Bliss, Texas where she remained until her retirement.  She was promoted to the pay grade of E-8 on 1 March 2003.

3.  On 31 July 2006, she was honorably retired by reason of length of service and was transferred to the Retired List effective 1 August 2006.  She had served 
20 years, 2 months, and 11 days of active service.  Her retirement orders indicate that she was authorized up to 1 year to complete selection of a home and complete travel.

4.  On 16 May 2011, the applicant was granted an extension of her transportation entitlements to 31 July 2012.  The approval letter specified that the approval was the 6th and final extension as authorized by the JFTR.

5.  The applicant provides a one-page undated letter stating that she is requesting an exception to policy to her PCS entitlements because she is undergoing treatment at the Department of Veterans Affairs (VA) hospital in       El Paso, Texas and she is awaiting a decision on a compensation package that is expected to be completed in 6 months.

6.  The applicant provides copies of emails related to her request that began in October 2012.  None of the documents submitted with her request are dated prior to October 2012.

7.  The applicant applied for Combat-Related Service Connected disability compensation in 2009 and her request was denied.  The denial letter was sent to an address in Forestville, Maryland.

8.  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 household goods (HHG) to a home of selection (HOS) by uniformed service personnel upon retirement.  In effect, these paragraphs authorize a member travel and transportation allowances to an HOS by the member from his last permanent duty station (PDS) upon retirement.  They state, in pertinent part, 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.

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, in pertinent part, 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 applicant’s contentions and supporting documents have been noted; however, they appear to lack merit.  The applicant was granted a final 6th extension of her transportation entitlements on 16 May 2011 and was advised that the extension was valid only until 31 July 2012. 

2.  While the applicant has provided a short note from her medical provider indicating that it would be best that she continue her health care in El Paso, it does not specify the nature of her medical issues and does not address the issue of her ability to make a move.  All of the documents submitted by the applicant indicate that she attempted to revive her entitlements after her extension had expired.   

3.  In any event, it appears that the applicant has had sufficient time to utilize her transportation entitlements and has not provided sufficient documentation or explanation to show otherwise.  She has also not provided any evidence to show when she could expect to utilize the entitlements she is attempting to revive.

4.  The JFTR clearly provides that there is a 6-year limit on PCS entitlements and the applicant was informed of such at the time she received her final extension.  It appears that she failed to take the necessary steps to utilize her entitlements before they expired or to provide sufficient evidence to support her contention that she has been unable to utilize the entitlements due to her medical condition.

5.  Accordingly, there appears to be no basis to grant her any further extensions of entitlements that had already expired before she made application to extend them.

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)                                         AR20130002844





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ABCMR Record of Proceedings (cont)                                         AR20130002844



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