BOARD DATE:	  10 July 2014

		DOCKET NUMBER:  AR20140010426 


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 his expired retirement transportation entitlement.

2.  The applicant states:

* he was not informed during outprocessing that he needed to request extensions of his transportation and travel entitlements
* he works in an office that coordinates issues with another office that is in close proximity to the transportation office
* had he known that a request for an extension was required, he would have done so
* when he realized an extension was required, he did so but did not receive a timely response from the transportation office 
* he is a responsible person and he pays attention to details; he had no reason to purposely lose his transportation entitlements
* he currently has medical issues which in the absence of a government move would cause him and his family a financial hardship

3.  The applicant provides:

* Request for an exception to policy from the transportation office to the Office of the Deputy Chief of Staff, G-4
* Email denying the exception to policy request from the Office of the Deputy Chief of Staff, G-4
* retirement orders, dated 13 April 2010
* DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 31 December 2010
* Resume
* Multiple Department of Veterans Affairs forms

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 10 July 1990 and he held military occupational specialty 31B (Military Police).  He served in a variety of stateside and/or overseas assignments, including a tour in Afghanistan, and he attained the rank/grade of master sergeant (MSG)/E-8. 

3.  On 13 April 2010, the U.S. Army Installation Management Command, U.S. Army Garrison, Fort Bragg, NC, published Orders 103-269 ordering his retirement effective 31 December 2010.  The orders stated "You are authorized up to 1 year to complete selection of a home and complete travel in connection with this action."  

4.  On 31 December 2010, he retired and he was placed on the Retired List in the rank/grade of MSG/E-8 on 1 January 2011.  He completed 20 years, 
5 months, and 21 days of creditable active service. 

5.  On 18 April 2014, he submitted, through the Fort Bragg Installation Transportation to the Army G-4, an exception to policy request for reinstatement and extension of travel and transportation entitlements.  He indicated he did not have any prior extensions or property in non-temporary storage. 




6.  On 18 April 2014, the Army G-4 denied his request.  An official from the Army G-4 stated: 

	a.  His travel and transportation entitlements expired on 31 December 2011, absent evidence of an annual extension request submission and approval prior to 31 December 2011, 31 December 2012, and 31 December 2013, from any transportation office to include but not limited to, Fort Bragg.  Extensions are submitted to a transportation office via a visit, a letter, or an email with telephonic follow-up.  

	b.  All installation retirement/transition briefings discuss retirement benefits and all installation clearance forms require a trip to the 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. 

	c.  The G-4 has no Joint Federal Travel Regulation (JFTR) authority to reinstate an expired travel and transportation shipment entitlement or authorization which ended on 31 December 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 regulation concerning a uniformed service member's travel and transportation.  These regulations have the force and effect of the law.  The JFTR is issued primarily under the authority of Title 37, U.S. Code, section 411 and chapter 7. 

	d.  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.  

7.  The applicant provides multiple correspondence to and/or from the VA related to his service-connected disability claim. 

8.  Volume 1 (Uniformed Service Personnel) of the JFTR 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 the shipment of household goods (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 that 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 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.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was honorably retired on 31 December 2010.  His retirement orders stated that he was authorized up to 1 year to complete selection of a home and complete travel in connection with this action and that he should contact the appropriate transportation office for making HHG shipment arrangements.

2.  The JFTR indicates 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 and it must be presumed that had the applicant filed his extension request on time, it would have been granted in this case.

3.  Although there is no evidence that he was not properly counseled and although he was a senior noncommissioned officer on an active duty installation, 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.

4.  Therefore, given he has explained the reasons for his failure to submit the extension request on time and notwithstanding the Department of the Army G-4's disapproval of his exception to policy request, it would be appropriate and serve the interest of justice to correct her record to show he submitted annual requests for extension and reinstatement of his HHG shipment entitlements and that his requests were approved, as exceptions to policy through 31 December 2014 (4 years after his retirement).  This would, in effect, authorize the applicant sufficient time to use the approved extension to complete his final move.  

5.  If applicable, 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:

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 timely requested and received approval for annual extensions of his retirement transportation entitlements through 31 December 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)                                         AR20140010426



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140010426



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1