IN THE CASE OF:    	  

		BOARD DATE:  23 October 2014	  

		DOCKET NUMBER:  AR20140017758 


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 travel and transportation entitlements for an additional 180 days.

2.  The applicant states:

* he is a former Soldier, married to a foreign national with a permanent green card; his spouse must return to the United States every 6 months
* they did not realize that a green card holder must return to the United States every 6 months to maintain residency 
* when he was in the military, this was not an issue; however, once he was discharged, it became one
* he was discharged in Europe on 7 January 2014 by reason of disability and he was authorized up to 6 months (through 7 July 2014) to use his transportation entitlements 
* although he is employed by the Department of Defense in Europe, she must still return to the United States every 6 months - an expensive option
* they have decided that it would be better to move back to the United States permanently

3.  The applicant provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Justification letter
* Verification of employment
* Discharge orders
* Physical Disability Information Sheet
* Disapproval email from the G-4

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 3 September 2003 and he held military occupational specialty 92G (Food Service Specialist).  

2.  He served in Iraq from 23 January 2004 to 15 July 2004 and 1 February 2006 to 31 January 2007.  He also served in Afghanistan from 27 August 2010 to 31 May 2011.  

3.  He entered the Army Physical Disability System and his disposition was separation by reason of disability (combat) with entitlement to severance pay.  

4.  On 6 January 2014, Installation Management Command, Europe, published Orders 006-0008 reassigning him to the Vilseck Transition Center for separation out processing.  The orders stated: 

* Soldier is required to contact his servicing Transportation Office immediately upon receipt of these orders to arrange for shipment of household good (HHG)
* Soldier is authorized travel, shipment of HHG, unaccompanied baggage and privately owned vehicle to his Home of Record or place of entry on active duty
* Non-temporary storage of HHG is authorized up to 180 days 
* Concurrent travel of command-sponsored dependents (spouse and three children) is authorized 

5.  He was honorably discharged from active duty on 7 January 2014 in the rank/grade of sergeant/E-5 by reason of disability (combat) with entitlement to severance pay.  He listed a mailing address after separation in Germany. 

6.  He provides a statement from the Office of the Deputy Chief of Staff, G-1, Civilian Human Resources Agency, Europe Region, indicating he is a             non-appropriated fund employee of the U.S. Army Garrison, Hohenfels.  His position has no date of eligibility to return from overseas and no transportation agreement. 

7.  On 29 August 2014 (after his transportation allowance had expired), he submitted a request through the Base Operations Transportation Division, 405th Army Field Support Brigade, Europe and Africa to reinstate and extend the time limitations for the applicant's transportation entitlement under the provisions of Joint Federal Travel Regulation (JFTR), paragraph U5000-B6, U5088-B6, U5410G, and U5464-A.  

	a.  The Staff Action Officer in Europe reiterated the applicant's request to reinstate his entitlements which had expired on 7 June 2014 and recommended disapproval due to the fact that his request was for personal convenience.  The applicant based his request on the need for his spouse to return to the United States every 6 months in order to keep her permanent residence card and the fact that as a civilian, it was too expensive for him to stay in Germany. 

	b.  On 15 September 2014, the G-4 concurred with the recommendation to disapprove the request.  A G-4 official stated the applicant's extension request was submitted after the 180 days from his separation date of 7 January 2014 to   7 July 2014.  He is employed (thus, no hardship) and had 6 months to research the residency requirements in the United States prior to his decision to separate and stay in Germany. 

8.  The JFTR (now known as the Joint Travel Regulation or JTR) states in:

	a.  Paragraph U5000-B-6: Travel and Transportation Allowance Extensions when a Member Separates from the Service.  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 (the extension must be for the shortest time appropriate under the circumstances); an acknowledgement that the extension is not being granted merely to accommodate personal preferences or convenience (DOD/GC #99-1). 

	b.  Paragraph U5410-G (Time Limits): Authority for HHG transportation terminates on the 181st day following separation from the service/relief from active duty, unless written application for HHG transportation is turned in to the transportation officer (TO) or designated representative before the expiration of the 180th day.  When an HHG transportation application is made within 180 days, HHG must be turned over for transportation as soon as practicable after the submission.  The TO or designated representative determines practicability based on the facts and circumstances in each case.  In hardship cases, a time limit extension may be authorized/approved for a specific additional period of time through the Secretarial process.  A time limit extension for transportation does not extend the government's obligation for storage costs for longer than the period authorized/approved under paragraph 5410-B (for non-temporary storage (NTS)) or paragraph 5322 (for SIT).  HHG in NTS belonging to a member for whom the 180-day time limit for transportation has been extended may continue in NTS with the government acting as the member's agent for the extension period, provided:   (a) continued storage is authorized/approved through the Secretarial Process (paragraph 5000-B6), and (b) the member agrees to pay all costs for NTS for any period in excess of the authorized (NTE 180 days) storage period.  Following the NTS expiration, the HHG must be transported as soon as possible to the final destination

	c.  U5464-A (Privately Owned vehicle (POV) Transportation Time Limitations):  Transportation of a POV for an eligible member must be initiated within 180 days following separation from the Service or relief from active duty.  Initiation of transportation means turning the POV into the designated POV loading port for transportation before the 181st day following separation from the Service or relief from active duty.  The 180 day time limit may be extended by the Secretarial Process.   A time extension must be for a specific additional time period.  A time extension must, based on the facts and circumstances in the individual case, be a finding that having the POV transported within that initial time frame would be a hardship for the member.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant, a wounded warrior, was discharged from active duty on 14 January 2014 by reason of disability (combat) with entitlement to severance pay.  He was authorized shipment of HHG, POV, and family members, at government expense, within 180 days of his discharge. 

2.  He elected to remain in Germany and work as a non-appropriated fund employee of the U.S. Army Garrison, Hohenfels.  His position has no date of eligibility to return from overseas and no transportation agreement.  Additionally, his spouse is a foreign national and her United States legal residency status is contingent on her periodic physical presence in the United States.  

3.  Given his inexperience, the residency status of his spouse and cost of travel back and forth, and the high cost of living in Germany, it is accepted that his situation falls into the "financial hardship" category.  Had he submitted his request for extension of his transportation allowance within 180 days of his discharge, it is very likely his request would have been approved.  It is reasonable to conclude he is acting in good faith in an attempt to do what Soldiers should do: taking care of their families. 

4.  It is therefore reasonable to presume that had the transportation office received his request on time, it would have granted him the requested extension.  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 his move to a designated location at government expense.

5.  It would be appropriate to show the applicant's request for extension and reinstatement of his HHG, POV, and family shipment/travel entitlements through 14 January 2015 (180 days after his initial period expired) was approved.  This would, in effect, authorize the applicant to use the approved extension to complete his final move.  Additional extensions beyond this date are not 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 an extension of his retirement transportation entitlements through 14 January 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)                                         AR20140017758



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140017758



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1