IN THE CASE OF:	

		BOARD DATE:	  29 May 2014

		DOCKET NUMBER:  AR20130016966 


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.

2.  The applicant states that she received a retroactive medical retirement in April 2013 wherein her retirement date was adjusted to her initial discharge date, 
12 June 2003.  This action placed her household goods (HHG) transportation entitlement and her eligibility for an extension into an expired status effective 2008.  She contends that the local transportation office at Fort Bragg, NC does not have policies in place to address transportation entitlements for individuals who received retroactive medical retirements.

3.  The applicant provides her previous discharge orders and current retirement orders.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 18 October 1996 and she was discharged on 12 June 2003 by reason of disability with severance pay.

2.  Headquarters, III Corps and Fort Hood, Fort Hood, Texas issued Orders 106-0131, dated 16 April 2013, which show the applicant was medically retired effective 12 June 2003.  Her orders were subsequently amended to show her current last name as Sxxxxxx.

3.  On 26 April 2013, the U.S. Army Physical Disability Agency (USAPDA) notified the applicant that her disability separation record and retirement benefits were corrected to show she was permanently retired as a result of the approval of the Deputy Assistant Secretary (DASA) of the Army Review Boards Agency (ARBA).  Accordingly her separation orders were rescinded, and an order permanently retiring her with a disability rating of 30 percent was published and made retroactive to the date of her separation with disability severance pay.

4.  She stated in her application to the Board that her local transportation office would not consider her request for reinstatement or extension of transportation entitlements because there were no regulatory procedures to effect transportation benefits for retroactive retirement.

5.  On 13 November 2013, an advisory opinion was obtained from the Office of the Deputy Chief of Staff (DCS), G-4.  The advisory official stated:

	a.  The Joint Federal Travel Regulation (JFTR) contains the basic statutory regulations concerning a uniformed Service Member's travel and transportation entitlements.  The JFTR’s authority is Title 37, U.S. Code section 411 and chapter 7.  In accordance with the JFTR paragraph U5365-A, a member on active duty is authorized HHG transportation from the last or any previous permanent duty station (PDS), from a continental United States (CONUS) designated place, from anywhere the member elects, from storage, or any combination thereof, to the member's home of selection (HOS), when the member is retired for physical disability.

	b.  The applicant should be afforded travel and transportation entitlements to her HOS, effective 16 April 2013, based on the date of the previous “ABCMR” decision and change in the applicant's status.  The applicant is authorized an HOS move at Government expense, within CONUS between 16 April 2013 and 
16 April 2014, with no additional extensions authorized, since the member has already received 10 years to make this decision.

6.  The applicant responded to this opinion on 18 November 2013.  She stated that she should be granted the same opportunity as any other retiree, which includes the option to request an extension.  Further, she has not had 10 years to consider her transportation options as her retirement was not approved until April 2013.  She in fact has only had a total of seven months of the one year she was authorized to consider her options due to the time spent trying to resolve this issue.  She asks that she be granted the same transportation entitlements that any other retiree would be authorized.

7.  The analyst contacted the DCS, G4 official for clarification on the effective dates of her entitlements and they subsequently issued a revised advisory opinion on 15 May 2014 which states:

	a.  The applicant should be afforded travel and transportation entitlements to her HOS, effective 16 April 2013, based on the date of the previous “ABCMR” decision and change in the applicant's status.  The applicant is authorized an HOS move at Government expense, within CONUS between 16 April 2013 and 
16 April 2014.  

	b.  An extension of the 1-year time limit may be authorized/approved through the Secretarial Process when an unexpected event beyond the member's control occurs which prevents the member from moving to the HOS with the specified time limit.

	c.  These extensions may be authorized/approved only for the specific period of time the member anticipates is needed to complete the move.  As such, the DCS, G4 approves a 1-year time limit extension from 16 April 2014 to 16 April 2015 to complete the HOS move.

8.  Volume 1 (Uniformed Service Personnel) of the JFTR contains basic statutory regulations concerning official travel and transportation of members of the uniformed services.  Paragraph U5365-A states a member on active duty is authorized HHG transportation from the last or any previous PDS, from a CONUS designated place, from anywhere the member elects, from storage, or any combination thereof, to the member's HOS, when the member is retired for physical disability (without regard to length of service).  It also establishes time limitations for shipment of HHG and states that transport of HHG 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 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 JFTR states that retirement transportation and travel entitlements will be used within 1 year of retirement when the member is retired from active duty; 

2.  The applicant’s medical retirement may have been effective 12 June 2003; however, she received it (i.e., when she received it) on 16 April 2013.

3.  In addition, the JFTR 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 is clear that administrative delays prevented the applicant from filing her request for extension.

4.  The record shows that she received her retroactive retirement on 16 April 2013 and, accordingly, her initial transportation entitlements expired one year, later on 16 April 2014.  Given the unusual circumstances that led to her failure to submit the extension request on time the applicant was granted a one-year extension through 16 April 2015 by the Chief, Transportation Policy Division, DCS, G4 on 15 May 2014.  Further, in accordance with the DCS G4's advisory opinion it would be appropriate and serve the interest of justice to correct her record to reinstate her transportation entitlement to allow her the opportunity to request subsequent extensions through 16 April 2019 (6 years after the date she received her retroactive retirement).  This would, in effect, allow the applicant sufficient time 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:

____X____  ___X_____  ____X____  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing:

	a.  her transportation entitlements were effective on 16 April 2013 and she has an approved extension of her entitlements through 16 April 2015; and

	b.  showing she is authorized to request additional extensions through the Secretarial Process through 16 April 2019 provided she has extenuating circumstances that prevent her from completing her move.  This correction does not guarantee that her request will be favorably considered.  Each request will be considered based on merit and the applicable JFTR guidelines.



      _______ _   __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)                                         AR20130016966





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ABCMR Record of Proceedings (cont)                                         AR20130016966



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