IN THE CASE OF:	  

		BOARD DATE:  27 March 2014

		DOCKET NUMBER:  AR20130008389 


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 correction of his records to reinstate his expired transportation entitlement.

2.  The applicant states he was medically retired on 16 July 2009.  In April 2010, he requested an extension to move his family and household goods (HHG), which was approved.  He believed the extension was valid for 5 years from his retirement date.  He later learned that the original extension had expired and he would have to request to have the entitlement reinstated.  During this period, he and his wife separated.  Later, the separation became permanent and the divorce was finalized.

3.  He was under tremendous pressure stemming from the divorce and his health issues.  Throughout 2011, he continued to have issues with his ex-wife that left him stressed.  His medical condition made it difficult to perform functions he used to do.  He was admitted to the hospital twice due to the stress and medical complications.  In 2012, he got his life back on track and has moved on from a negative situation.  Today, he continues to be a positive and contributing member during his retirement.  He is an honest, responsible person who unfortunately went through an extremely difficult period in his life that left him temporarily disorganized and struggling with various challenges.

4.  The applicant provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 16 July 2009
* Headquarters, U.S. Army Garrison Command, Fort Knox, 
Orders 131-0158, dated 11 May 2009
* ex-wife's father's obituary
* State of Illinois Divorce Decree, dated 14 December 2010
* DA Form 5840 (Certificate of Acceptance as Guardian or Escort), dated 4 February 2012
* DA Form 5841 (Power of Attorney), dated 4 February 2012
* Department of Veterans Affairs disability verification, dated 26 February 2013
* request for an exception to policy (ETP) to move HHG, dated 26 February 2013
* email denial from Headquarters, Department of the Army (HQDA), Office of the Deputy Chief of Staff, G-4, dated 12 March 2013

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's records show he enlisted in the Illinois Army National Guard on 21 November 1989.  He continued his service until he was retired for permanent physical disability.

3.  On 11 May 2009, Headquarters, U.S. Army Garrison Command, Fort Knox, KY, published Orders 131-0158 announcing the applicant's retirement effective 16 July 2009.  The orders notified the applicant he was authorized up to 1 year to complete selection of a home and complete travel in connection with this action.

4.  On 16 July 2009, he was honorably retired by reason of permanent physical disability and he was placed on the Retired List the following day.

5.  He submitted several documents in support of his request.

	a.  A State of Illinois Divorce Decree, dated 14 December 2010, shows he and his wife divorced on 2 December 2010.

	b.  On 26 February 2013, he requested an ETP from the Transportation Office, Rock Island Arsenal, IL, to reinstate his extension for moving his family and HHG.

	c.  On 12 March 2013, HQDA G-4 denied his request for an ETP to move his family and HHG.  The G-4 representative stated the applicant's travel and transportation entitlement at government expense expired on 17 July 2011 and was a "use or lose" authorization, absent evidence of additional extension request submissions and Installation Transportation Office approvals prior to 17 July 2011 and 17 July 2012.

6.  An advisory opinion from the Acting Chief, Compensation and Entitlement Division, Office of the Deputy Chief of Staff, G-1, HQDA, dated 27 June 2013, was obtained during the processing of this case.  The G-1 representative recommended approval of the applicant's request for reinstatement of his transportation entitlement.  In accordance with Joint Federal Travel Regulation (JFTR), paragraph U5130, service members authorized a home of selection (HOS) move after retirement must complete the move within 1 year of retirement. JFTR, paragraph U5130-B4, allows for extension of the 1-year time limit prescribed in paragraph U5130-B1 through the Secretarial process, not to exceed 6 years after retirement.  Due to family issues, the applicant failed to obtain the required HOS shipment extension for 2012 or 2013.

7.  The advisory official concluded that since the overall 6-year time limit to execute an HOS move was not exceeded and the applicant did document various personal issues that may have contributed to his failure to submit requests for extensions, it would be appropriate to support his request and reinstate his HOS shipment entitlement through 16 July 2014.  The applicant was provided with a copy of this advisory opinion, but he failed to respond.

8.  JFTR, volume I (Uniformed Service Personnel), 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 shipment of HHG to an HOS by Uniformed Service personnel upon retirement.  In effect, these paragraphs authorize a member travel and transportation allowances to an HOS from the member's last permanent duty station 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.  Extensions to the 1-year time limit may be provided for deserving cases under the Secretarial process.

	a.  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 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 the member anticipates is needed to complete the move and the member may request a further extension if additional time is required.

	b.  Paragraph U5012-I provides policy for restrictions to time limit extensions. 
It states a written request for a 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, an extension under this process will not be authorized if it extends travel and transportation allowances for more than 6 years from the separation/retirement date.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was honorably retired due to permanent disability on 16 July 2009.  His retirement orders stated he was authorized up to 1 year to complete selection of a home and complete travel in connection with this action.

2.  The JFTR provides for extensions of the retirement transportation entitlement in 1-year increments up to 5 additional years, for a total of 6 years.  It appears that had the applicant filed extension requests in a timely manner, the extensions would have been approved.

3.  Therefore, given that he has explained the circumstances that led to his failure to submit extension requests in a timely manner, it would be equitable to correct his records to show his request for extension and reinstatement of his retirement transportation entitlement was approved through 17 July 2014 (5 years after his retirement).

4.  If he requires an extension beyond 17 July 2014, he must submit a request to the appropriate transportation office.


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 requested and received annual extensions of his retirement transportation entitlement through 17 July 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)                                         AR20130008389



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ABCMR Record of Proceedings (cont)                                         AR20130008389



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