IN THE CASE OF 

		BOARD DATE:	    8 July 2014

		DOCKET NUMBER:  AR20130019707 


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 approval of extension of travel and transportation entitlements beyond 6 years.

2.  The applicant states he was unable to ship his household goods (HHG) and privately-owned vehicle (POV) beyond the 6-year limit due to circumstances beyond his control.  He was on directed rotational orders to deploy to Iraq and Kuwait in support of the U.S. mission; he was an essential civilian employee.  Additionally, his daughter had a critical medical condition, his mother underwent several surgeries and chemotherapy, and his brother died in 2006.

3.  The applicant provides his retirement orders, dated 22 March 2002, and the Army G-4 denial of his request for an exception to policy.

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 Regular Army on 20 August 1980.  He served through multiple reenlistments in a variety of assignments and he attained the rank/grade of first sergeant (1SG)/E-8.

3.  On 22 March 2002, Headquarters, XVIII Airborne Corps, Fort Bragg, NC, published Orders 081-0294 retiring him effective 31 July 2002.  The orders state, "You are authorized up to 1 year to complete selection of a home and complete travel in connection with this action."

4.  He retired on 31 July 2002 and he was placed on the Retired List in the rank/grade of 1SG/E-8 effective 1 August 2002.

5.  There is no indication he submitted a request for an extension of his HHG or POV transportation allowance after he retired.

6.  On 8 July 2013, he submitted an exception to policy request through the Base Operations Transportation Division, 405th Field Support Brigade Europe and Africa, Germany, for reinstatement of transportation of HHG entitlements to a home of selection in Panama.

7.  On 20 July 2013, the Department of the Army Office of the Deputy Chief of Staff, G-4, denied his request.  The Acting Transportation Division Policy Chief stated the applicant was authorized up to 1 year from date of retirement to complete a selection of home and complete travel in connection with this action.  By law, extension of travel and transportation of HHG at government expense beyond 6 years is not authorized.

8.  Volume 1 (Uniformed Service Personnel) of the Joint Federal Travel Regulation (JFTR) contains the 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 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 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 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 31 July 2002.  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 and he should contact the appropriate transportation office for making HHG shipment arrangements.

2.  The JFTR contains the 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 published primarily under the authority of Title 37, U.S. Code, section 411 and chapter 7.  The JFTR provides the authority for travel and transportation shipment entitlement or authorization, which in the applicant's case ended on 31 July 2003.  The authority begins on the date the orders are issued and terminates 1 year from the active duty termination date.

3.  The JFTR provides 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.

4.  The applicant's retirement orders clearly state he 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 installation 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.

5.  The applicant failed to provide any evidence that confirms he requested extension of his transportation allowance beyond the original 1-year limit.  It is clear that the only reason his transportation allowance expired was his failure to submit a request in a timely manner, and/or he attempted to rectify this oversight in a timely manner.  Even if he had done so, the maximum he would have been authorized, had he submitted a fully-justifiable request, would have been limited to a total of 6 years in 1-year increments.  Extensions beyond 6 years are not authorized under any circumstances.  This is not a lifetime entitlement.  In view of the foregoing evidence, he is not entitled to the requested relief.

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 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)                                         AR20130019707



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ABCMR Record of Proceedings (cont)                                         AR20130019707



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