BOARD DATE:	  30 April 2015

		DOCKET NUMBER:  AR20140012569 


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, that his final retirement permanent change of station (PCS) entitlements be reinstated based on the Joint Federal Travel Regulation (JFTR).

2.  The applicant states, in effect, that he was told in ACAP classes that he would retain his PCS entitlements for 5 years; however, nothing was said about having to request a yearly extension.

3.  The applicant provides a three-page letter explaining his application, copies of his retirement orders and a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).

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 was serving in the pay grade of E-7 at Fort Bragg, North Carolina when he was retired on 30 November 2011 due to sufficient service for retirement.  He had served 21 years and 11 days of active service and was placed on the Retired List effective 1 December 2011.

3.  The applicant’s retirement orders are dated 12 April 2011 and the additional instructions indicate that the applicant was authorized up to 1 year to complete selection of a home and complete travel in connection with this action. 

4.  In the processing of this case a staff advisory opinion was obtained from the Office of the Deputy Chief of Staff, G4 which opines that the Secretarial process (Army G-1/G-4) has no Joint Travel Regulation (JTR) authority to reinstate an expired travel or transportation shipment entitlement or authorization that ended on 20 November 2012.  The advisory opinion was provided to the applicant for comment, and to date, no response has been received by the staff of the Board.

5.  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 Home of Selection (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/her 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 retired on 30 November 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.  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           30 November 2015.  This would, in effect, authorize the applicant to use the approved extension to complete his final move.

5.  If the applicant requires additional extensions beyond this date, he will 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        30 November 2015.  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 30 November 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)                                         AR20140012569





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ABCMR Record of Proceedings (cont)                                         AR20140012569



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