IN THE CASE OF:	  

		BOARD DATE:	  16 December 2014

		DOCKET NUMBER:  AR20140006425 


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 he timely requested and received approval for annual extensions of his retirement transportation entitlements.

2.  The applicant states:

	a.  He suffered physical and mental issues over the past 4 years.  He forgot about requesting an extension.  Also, financially he was not able to relocate.  His health required him to stop working in 2012.

	b.  Upon being medically discharged in March 2010, he hadn't found a home yet and wasn't prepared financially to move to another state.  His health issues continued to worsen.  He suffered from depression, memory issues, Bell's palsy, traumatic brain injury (TBI), and Griffin's claw.

	c.  In January 2013, his father had spinal surgery and subsequently suffered a stroke.  This took a toll on him because he found his father in bed unresponsive.  The stroke left his father paralyzed from the waist up.  He had a similar surgery done in January 2008 on his spine and he is still dealing with issues from degenerative disk disease.

	d.  With all these things going on in what seemed like a short time, moving was the farthest thing from his mind.  He completely forgot to request an extension for travel and transportation entitlements.

3.  The applicant provides:

* Department of Veterans Affairs (VA) Rating Decision, dated 29 January 2014
* denial letter for shipping and travel entitlement extension, dated 26 March 2014
* email from Headquarters, Department of the Army (HQDA), G-4

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 retired on 30 March 2010 by reason of permanent disability in the rank of sergeant first class after completing over 20 years of active duty.  His retirement orders notified him he was authorized up to 1 year to complete selection of a home and complete travel in connection with this action.

3.  There is no evidence which shows he requested an extension of his travel and transportation entitlements yearly beginning in 2011.

4.  He provided a VA Rating Decision, dated 29 January 2014, which shows he was granted service connection for:

* right ulnar nerve impairment with cubital tunnel syndrome (claimed as Griffin's claw) – 30 percent
* TBI – 10 percent
* Bell's palsy – 10 percent
* tension headaches – 50 percent
* osteoarthritis, right elbow – 10 percent
* adjustment disorder with depressed mood – 30 percent

5.  He provided a letter from the Transportation Manager, 406th Army Field Support Brigade, Fort Bragg, NC, dated 26 March 2014, which states:

	a.  The applicant's request for extension of travel and transportation entitlement was forwarded to the HQDA G-4 Personal Property Office for review.

	b.  His request was disapproved.  The rationale for disapproval is provided in an attached email from HQDA G-4.

	c.  Because his entitlement expired on 30 March 2012, that office is not authorized to arrange shipment of his property at government expense.

	d.  He could appeal this decision to the ABCMR.

6.  The email from HQDA G-4 states HQDA does not have Joint Federal Travel Regulation (JFTR) authority, by law, to reinstate an expired transportation shipping entitlement of household goods from almost 24 months ago, after the fact.

7.  A staff advisory opinion was obtained from the Chief, Transportation Policy Division, HQDA G-4, in the processing of this case.  The advisory official states:

	a.  The Secretarial process (HQDA G-1/G-4) has no JFTR authority to reinstate an expired travel and transportation shipment entitlement or authorization which ended on 30 March 2011.  The authority begins on the date the order is issued and terminates 1 year from the active duty termination date.  The JFTR contains basic statutory regulations concerning a uniformed service member's travel and transportation.  These regulations have the force and effect of law.  The JFTR is issued primarily under the authority of Title 37, U.S. Code, section 411 and chapter 7.

	b.  The applicant's retirement orders additional instructions clearly state, "You are authorized up to 1 year to complete selection of 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 visit to the Transportation Office as a mandatory stop to receive additional instructions on shipment of personal property, non-temporary storage authorization, and a retiree's requirement to submit annual extension requests and the maximum duration.

8.  On 24 April 2014, a copy of the advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comment or a rebuttal.  He did not respond.

9.  Volume 1 (Uniformed Service Personnel) of the JFTR contains basic statutory regulations concerning official travel and transportation of members of the Uniformed Services.  Paragraph U5130 states travel to a selected home must be completed within 1 year of active duty termination.  A written time limit extension may be authorized/approved using the Secretarial Process.  An explanation of the circumstances justifying the extension must include the specific additional time period; a description of the circumstances that prevent use within the prescribed time; and acknowledgement that the extension is not being granted merely to accommodate personal preferences or convenience.

10.  JFTR, paragraph U5365, states that household goods must be turned over for transportation within 1 year following termination of active duty.  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 home of selection within the specified time limit.  A time limit extension also may be authorized/approved through the Secretarial Process, if in the best interest of the Service, or substantially to the member's benefit and not more costly or adverse to the Service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he suffered physical and mental health issues over the past 4 years and he forgot about requesting an extension for his travel and transportation entitlement.

2.  The evidence of record shows the applicant retired on 30 March 2010 by reason of permanent disability and his retirement orders indicated he was authorized up to 1 year to complete selection of a home and complete travel in connection with this action.

3.  By law, a retired Soldier must request an extension of travel and transportation entitlements yearly.

4.  Although he failed to request an extension of travel and transportation entitlements within the given time frame, based on his 20 years of active service and permanent disability retirement, it would be equitable to correct his records to show his request for reinstatement and extension of his expired transportation entitlements was approved.



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 his annual requests for reinstatement and extensions of his expired transportation entitlements were approved through 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)                                         AR20140006425



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ABCMR Record of Proceedings (cont)                                         AR20140006425



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