BOARD DATE:	  25 March 2014

		DOCKET NUMBER:  AR20130011305 


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, in effect, correction of his records to show approval for additional extensions of his retirement transportation entitlement.

2.  He states the local servicing transportation office at Fort Stewart, GA, approved his request for reinstatement of his retirement transportation entitlement, but his request was denied by the Department of the Army.  He is a retired disabled veteran and receiving the transportation entitlement bestowed on all veterans who have faithfully served the United States would demonstrate that his 26 years of service were appreciated.  He retired on 31 March 2009, and his eligibility does not expire until March 2014.  For this reason, he is requesting an extension.  The move will be a local move and he has no household goods (HHG) in storage; therefore, there will not be a significant cost associated with his move.

3.  He provides:

* self-authored memorandum
* memorandum from the Chief of Personal Property, Directorate of Public Works and Logistics, Headquarters, U.S. Army Garrison, Fort McPherson, GA
* retirement orders
* e-mail



CONSIDERATION OF EVIDENCE:

1.  Prior to his retirement, the applicant was serving on active duty as a member of the U.S. Army Reserve Active Guard Reserve Program.

2.  On 29 December “2009,” the U.S. Army Human Resources Command (HRC) issued Orders C-12-890902 separating the applicant effective 31 March 2009 and placing him on the Retired List the following day.  The orders show he was authorized 1 year to complete selection of a home and complete travel in connection with this action.

3.  On 31 March 2009, he retired after completing 25 years, 10 months, and 28 days of active military service.

4.  He provided several documents in support of his request.

	a.  A memorandum from the Chief of Personal Property, Directorate of Public Works and Logistics, Headquarters, U.S. Army Garrison, Fort McPherson, GA, dated 8 June 2010, shows an extension of his HHG shipping entitlement was approved until 1 April 2011.  He was advised that all future requests should be mailed to the Transportation Office at Fort Stewart, GA, due to the scheduled closure of Fort McPherson.

	b.  A self-authored memorandum, dated 27 April 2013, shows he requested reinstatement of his retirement transportation entitlement.  He stated he did not submit a request in 2012 because of the Fort McPherson closure.

	c.  E-mail correspondence shows:

		(1) On 2 May 2013, an official from the 406th Army Field Support Brigade requested an exception to policy from the Office of the Deputy Chief of Staff (DCS), G-4, Headquarters, Department of the Army (HQDA), to reinstate and extend the applicant's retirement transportation entitlement.

		(2)  On 16 May 2013, the DCS G-4 official stated HQDA did not have authority to reinstate a transportation entitlement that had expired on 1 April 2011 and advised that the applicant could submit an appeal to this Board.

5.  The Joint Federal Travel Regulation (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 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 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.

6.  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 of Volume I of the JFTR provides the policy on 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.  These JFTR provisions and time limitations for the shipment of HHG were in effect at the time of the applicant's retirement.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record supports the applicant's request for reinstatement of his expired transportation entitlement.

2.  The applicant's retirement orders clearly state his transportation entitlement would expire within a year and the record shows a request for extension of his entitlement was approved within a year of his retirement.  He stated he did not submit a request for extension in 2012 because Fort McPherson had closed.  It is noted that he had been advised that requests for extension were to be submitted to Fort Stewart after the closing of Fort McPherson.

3.  Notwithstanding his failure to follow the instructions he was given, it appears that if he had filed for annual extensions in a timely manner, his requests would have been approved.  It also appears that an extension would benefit the applicant and it would not be costly or otherwise adverse to the service.  As a matter of equity, it would therefore be appropriate to grant relief by correcting his records to show he made timely requests for extension of his transportation entitlement.

4.  The JFTR limits extension of entitlement to travel and transportation allowances to 6 years from the retirement date.  The applicant must use or forfeit his entitlement by 31 March 2015.

5.  The applicant should note that it is his responsibility to contact the transportation office at Fort Stewart, GA, to make arrangements for using his entitlement.

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 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:

* he made timely requests for extension of his transportation entitlement
* the requests for extension were approved
* his extension expires on 31 March 2015



      __________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)                                         AR20130011305



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ABCMR Record of Proceedings (cont)                                         AR20130011305



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