BOARD DATE:	  27 August 2015

		DOCKET NUMBER:  AR20150000037 


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 correction of his records to show he timely requested an extension of his entitlement to ship his household goods (HHG) to his home of selection (HOS).

2.  The applicant states:

     a.  Prior to his retirement, the transportation office located at Fort Bliss, TX provided him with details for submitting written extension requests each year for up to five years.  He dropped off an extension request to the transportation office each year.  He was never briefed by the Fort Bliss transportation office that he would receive an extension authorization from Department of the Army once the request was submitted for approval. 

     b.  His request was denied because documents pertaining to his request were not found.  He has always been a loyal and honest person.  He committed himself to serving his nation and he continues to serve as Department of Army civilian.

3.  The applicant provides:

* Orders 029-0005, issued by Headquarters, U.S. Army Air Defense Artillery Center and Fort Bliss, Fort Bliss, TX, dated 29 January 2009         
* extension request letters addressed to the Fort Bliss Transportation Office, dated 2 November 2010, 16 November 2011, 27 November 2012, 6 November 2013, and 21 November 2014
* emails
* Department of Veterans Affairs decision documents 
* medical documents
* application for admission to Colorado Technical University

CONSIDERATION OF EVIDENCE:

1.  After having prior enlisted service in the Regular Army the applicant executed an oath of office as a commissioned warrant officer in Regular Army on                1 March 2002.                    

2.  Orders 029-0005, dated 29 January 2009, released him from active duty effective 30 November 2009 and placed him on the Retired List on                       1 December 2009 in the rank/grade of chief warrant officer 3 (CW3).  

3.  The additional instructions section of his retirement orders stated he was authorized up to 1 year to complete selection of a home and completion of travel in connection with this action.  There is no information on the orders concerning the provisions and requirements for requesting extensions of this entitlement.

4.  His address on his application is the same address as that shown on his 
DD Form 214 (Certificate of Release or Discharge from Active Duty).

5.  He submits copies of his request letters for extension of his HHG transportation entitlements for years 2009 through 2014.  He stated he did not want to move at the time of his retirement due to financial obligations, school attendance, and family issues.

6.  Information pertaining to the denial of his request for extension of his HHG transportation entitlements was not available for review; however, in connection with the processing of this case, on 10 March 2015 an advisory opinion was obtained from Chief, Transportation Policy Division.  The advisory official recommended denial of his request.  The advisory opinion stated:

     a.  The Joint Federal Travel Regulations (JFTR), paragraph 5318, Other Deserving Cases, authorizes an extension of the one-year time limit for the transportation of HHG under retirement orders when an unexpected event beyond the member’s control prevents the member from moving to the home of selection within the time limit.  If at the end of the extension period, additional time is required, the member may request another extension.

     b.  The applicant’s effective date of retirement was 30 November 2009.  His HHG transportation entitlements expired one year from the effective date of his retirement unless he requested an extension.  The transportation office at Fort Bliss, TX was unable to locate HHG transportation extension request letters from the applicant or authorization letters from their office for 2010 through 2013.  The only extension request letter the transportation office had a record of was the one submitted to their office on 2 December 2014.

     c.  He was not authorized an HHG transportation extension because the transportation office did not have a record of his extension request letters or the extension authorization letters from 2010 through 2014.  

7.  The JFTR, paragraph U5365, states a member is required to contact a Transportation Office for an extension prior to the 1st anniversary date of his or her retirement.  A member is required to request an extension yearly.  Travel and transportation entitlements expire 6 years from the date of retirement.  

8.  The JFTR, Volume 1 (Uniformed Service Personnel) contains the basic statutory regulations concerning official travel and transportation of members of 
the Uniformed Services.  Paragraphs U5130, U5230, and U5365-F contain the policy and procedure pertaining to the shipment of HHG to an HOS by uniformed service personnel upon retirement.  These paragraphs authorize a member travel and transportation allowances to an HOS by the member from his or her last permanent duty station (PDS) upon retirement.  They state 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 an HOS 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.  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.  His initial 1-year entitlement expired on 30 November 2010.  He provides copies of his requests for extension of his entitlement for years 2010 through 2014; however, he failed to provide extension authorization letters from the transportation office. 

2.  The JFTR does indicate 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.  While it is unclear why the applicant did not receive extension authorization letters from the transportation office, it is presumed that had his requests for extension been received on time they would have been granted.

3.  The only reason for denying his extension request was that the transportation office could not locate his requests for extension.  Notwithstanding the advisory opinion, it would be equitable and serve the interest of justice to correct his record to show he timely requested and received an annual extension of his travel and shipment entitlement of his household goods through                          30 November 2015 in order to allow him sufficient time move to a designated retirement location at Government expense.

4.  Extensions cannot be authorized if it extends travel and transportation allowances for more than 6 years from the separation/retirement date.  Therefore, extensions cannot be authorized beyond 30 November 2015.

5.  In view of the foregoing, the applicant's record should be corrected as recommended below.

BOARD VOTE:

___X_____  ___X_____  ___X__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 he timely requested and was approved for extension of his travel and 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)                                         AR20150000037





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