BOARD DATE:	  6 March 2015

		DOCKET NUMBER:  AR20140012149


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, reinstatement of his expired transportation entitlement.

2.  The applicant states, in effect, that he was not properly briefed or informed about the extension process for transportation entitlements during his retirement out-processing briefing.  He further states that this is an earned entitlement after completing 20 years of service.

3.  The applicant provides:

     a.  A memorandum from the Installation Transportation Division, Fort Campbell, KY, dated 23 January 2014, subject: Request for Extension of Transportation Entitlements Denied.

     b.  A memorandum from the applicant to the Installation Transportation Division, Fort Campbell, KY, dated 30 December 2013, subject: Request for Extension/Activation of Time Limit for Travel and Household Goods (HHG) Transportation to Home of Selection (HOS).

     c.  Orders 131-0016, issued by Headquarters, Fort Stewart and Hunter Army Airfield, Fort Stewart, GA, dated 11 May 2010.

     d.  A letter from the Civilian Human Resources Agency, Fort Sam Houston, TX, dated 13 December 2013, offering the applicant's wife a job.

     e.  Seven medical related documents;

     f.  College transcripts; and

     g.  Two copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty).     

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 20 August 1990.  He held military occupational specialty 92G (Food Service Operations), served multiple extensions and/or reenlistments, and attained the rank/grade of sergeant first class (SFC)/E-7.

2.  Orders 131-0016, issued by Headquarters, Fort Stewart and Hunter Army Airfield, Fort Stewart, GA, dated 11 May 2010, announced his retirement effective 31 January 2011.  These orders state, "You are authorized up to 1 year to select a home and complete travel in connection with this action."  

3.  Accordingly, he was honorably retired on 31 January 2011 and was placed on the Retired List in the rank/grade of SFC/E-7 on 1 February 2011.  His             DD Form 214 shows he was credited with 20 years, 4 months, and 11 days of active service.  

4.  He submitted his request for extension of his transportation entitlements, in which he states he never used his retirement move and thought he was no longer eligible for a HOS move.  He also stated he was not advised that he had up to 5 years of extensions following his retirement date and was requesting an exception to policy to utilize the entitlements.  

5.  On 23 January 2014, the transportation office at Fort Campbell, KY denied his request for extension of his travel and transportation entitlements.  The installation transportation officer referred him to this agency.  

6.  On 8 August 2014, in the processing of this case an advisory opinion was obtained from the Chief, Transportation Policy Division, Office of the Deputy Chief of Staff, G-4, Headquarters, Department of the Army.  This official recommended denial of the applicant's request for an extension, stating that:

     a.  The Secretarial process (Army G-1/G-4) has no Joint Federal Travel Regulation (JFTR) authority to reinstate an expired travel and transportation shipment entitlement or authorization, which [in this case] ended on 31 January 2012;
     b.  The JFTR contains basic statutory regulations concerning a uniformed Servicemember's travel and transportation – these regulations are interpreted to have the force and effect of law;

     c.  The applicant's retirement orders clearly state, "You are authorized up to   1 year to select a home and complete travel in connection with this action";

     d.  All installation transition/retirement briefings discuss retirement benefits and offer the opportunity to ask questions, if not clear or understood; and

     e.  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.

7.  On 12 August 2014, the applicant was provided a copy of the advisory opinion.  On 12 September 2014, he responded to the advisory opinion by stating in effect he disagreed with the statement regarding the annual extension requests and the maximum duration because he doesn't ever recall being advised that he had up to 5 years to continuously file for an extension until he utilized his entitlements.  

8.  The applicant provided seven medical related documents, a college transcript, and a letter from the Civilian Human Resources Agency, Fort Sam Houston, TX, dated 13 December 2013, in which his wife was offered employment as proof of  extenuating circumstances that delayed his authorized final move.

9.  Volume 1 (Uniformed Service Personnel) of the JFTR contains basic statutory regulations concerning official travel and transportation of members of the uniformed services.  

   a.  Paragraphs U5130, U5230, and U5365-F contain the policy and procedures pertaining to the shipment of HHG to a HOS by uniformed service personnel upon retirement.  In effect, these paragraphs authorize a member travel and transportation allowances to an HOS selected by the member from his last permanent duty station (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.


	b.  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 member's benefit 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.  

	c.  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 or 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 January 2011.  His retirement orders authorized him up to 1 year to complete selection of a home and complete travel in connection with his retirement.

2.  The JFTR indicates that retirement travel and transportation 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.  The applicant in this case, once he was made aware, submitted a request for extension about    23 months after the expiration of his entitlement for an exception to policy.  However, the applicant states he was not properly briefed and was not aware of the requirements to submit an annual request and if known would have done so.   
3.  It is therefore reasonable to presume that if he had submitted annual requests, the transportation office would have granted him the requested annual extensions.  Requests may be approved for up to 6 years from the date of his retirement based on unexpected events that prevents movement within the specified time limit.  Therefore, it would be appropriate and serve the interest of justice to correct his record to show he was granted the necessary extension of his earned and authorized retirement travel and transportation entitlement in order to allow him move to a designated retirement location at government expense.

4.  Notwithstanding the G-4 advisory opinion that an extension is not authorized, it seems appropriate and as a matter of equity to approve the applicant's request for extension and reinstatement of his HHG shipment entitlement through           31 January 2016.  This would, in effect, authorize the applicant to use the approved extension to complete his final move.

5.  If the applicant requires an additional extension beyond this date, he would need to submit the request for a 1-year extension of his travel and transportation entitlement to the nearest Installation Transportation Division office prior to        31 January 2016.  Additional extensions beyond 31 January 2017 (6 years after his retirement) would not be authorized.

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 January 2016. 




      __________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)                                         AR20100014063



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ABCMR Record of Proceedings (cont)                                         AR20140012149



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