BOARD DATE:	  17 September 2015

		DOCKET NUMBER:  AR20150002389 


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.  His extension requests were due to ongoing medical treatment and the desire to stabilize his son who is now college age.  The MacDill Air Force Base transportation office did not keep a copy of his initial request for extension and he did not keep a copy of it.  As a result, they were unwilling to grant his second extension because they could not find a copy of the first one.  Their solution was to appeal the request to Headquarters, Department of the Army (HQDA) who subsequently denied the request due to the lack of the initial approved request.

     b.  The MacDill Air Force Base transportation office did not follow their own procedures and failed to keep a copy of his initial request and as a result he is being unjustly denied a valuable benefit.  A lost memorandum should not cost a service member a valuable entitlement.

     c.  Additionally, the HQDA response references an inability to reinstate an expired transportation shipping entitlement.  He contends that the entitlement never expired and that the original request was approved but the transportation office failed to keep a copy for their records.  If the initial request was rejected without his knowledge, his file should contain a rejection letter.  Denial of his request due to shabby record keeping at the installation level is unjust and should not happen to him or any other service-member.    

3.  The applicant provides:

*  Orders 029-0005, issued by Headquarters, U.S. Army Garrison, Fort Stewart/Hunter Army Airfield, MacDill Air Force Base, FL, dated              19 December 2011         
* extension request letters addressed to the MacDill Air Force Base Transportation Office, dated 12 November 2013 and 22 November 2014
* email correspondence

CONSIDERATION OF EVIDENCE:

1.  The applicant entered active duty on 15 May 1993 and executed an oath of office as a commissioned officer in Regular Army on 25 June 1993.                    

2.  Orders 353-0003, dated 19 December 2011, released him from active duty effective 30 November 2012 and placed him on the Retired List on                       1 December 2012 in the rank/grade of lieutenant colonel (LTC).  

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 2013 and 2014.  He stated he did not want to move at the time of his retirement due to medical treatment and a desire to stabilize his son who is now college age.

6.  Email correspondence pertaining to the denial of his request for extension of his HHG transportation entitlements stated:

     a.  The applicant’s retirement orders travel and transportation entitlement were clear and concise in the additional instructions which stated he was authorized up to 1 year to complete selection of a home and completion of travel in connection with this action.  

     b.  All installation retirement/transition briefings discussed retirement benefits and installation clearance forms required a visit to the Transportation Officer as a mandatory stop which offered the opportunity to ask questions if a Soldier did not understand the requirement to submit extension requests annually to a Transportation Office and the maximum extension duration.

     c.  The applicant’s travel and transportation entitlements expired on               30 November 2012, absent evidence of an annual extension request and installation transportation office approval prior to 30 November 2013, from any transportation office, to include, but not limited to, MacDill AFB.  Extensions were submitted to a Transportation Office via visit, letter, or email with telephonic follow-up from any location.

     d.  The Joint Travel Regulations (JTR) contained basic statutory regulations concerning a Uniformed Service member’s travel and transportation entitlements and interpreted to have the force and effect of law.  The JTR existed primarily under the authority of 37 USC 481 addressed circumstances which prohibit payment of certain allowances after the fact. 

     e.  HQDA did not have JTR authority to reinstate an expired transportation shipping entitlement of household good from over 13 months ago, after the fact.
He had the right to appeal to Army Review Boards Agency.    

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 2013.  He provides copies of his requests for extension of his entitlement for years 2013 and 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 email correspondence from HQDA, 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 2016 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 2018.

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:

1.  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 2016.

2.  The applicant is cautioned that he must submit future extension requests through normal transportation office channels which are subject to government approval.  It is recommended he submit future extension requests not later than 60 days prior to the expiration of his entitlement.





      _______ _  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)                                         AR20150002389





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