IN THE CASE OF: BOARD DATE: 24 June 2008 DOCKET NUMBER: AR20080004464 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 records be corrected to show he requested an extension of entitlement to shipment of his household goods. 2. The applicant states, in effect, in accordance with the Installation Transportation Office, he failed to submit an annual request to have his entitlement extended. His understanding was that the entitlement could be used anytime within the 5-year period after retirement. He is requesting the movement of his household goods upon the sale of his home within 20 miles of his new home. 3. The applicant provides a letter dated 24 January 2008; and XVIII Airborne Corps and Fort Bragg Orders 103-0254, dated 12 April 2004. 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 appointed as a Reserve Commissioned Officer of the Army in the rank of Second Lieutenant (2LT)/O-1 on 12 May 1979 and entered active duty on 15 July 1979. He was promoted to Lieutenant Colonel (LTC)/O-5, on 1 April 1996. He retired for length of service on 31 July 2004. 3. By letter to the Directorate of Logistics, Transportation Office, Fort Bragg, North Carolina, dated 24 January 2008, the applicant requested an extension of the entitlement to move his family and all accompanying household goods. The applicant stated upon his retirement he received a transition briefing that indicated that retirees had up to one year to move but could be extended for an additional four years. He did not realize that annual written requests for extensions were required. 4. The JFTR, paragraph U5365 states household goods must be turned over for transportation within 1 year following termination of active duty. An extension of the 1-year time limit may be authorized/approved through the Secretarial Process when an unexpected event beyond the member’s control occurs which prevents the member from moving to the home of selection within the specified time limit. A time limit extension also may be authorized/approved through the Secretarial Process, if in the best interest of the Service, or substantially to the member’s benefit and not more costly or adverse to the Service. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that his understanding was that the entitlement to move his household goods could be used anytime within a 5-year period after retirement. However, in his letter to the Directorate of Logistics, Transportation Office, dated 24 January 2008, he stated upon his retirement he “received a transition briefing that indicated that retirees had up to one year to move but this could be (emphasis added) extended for a additional four years.” He stated he did not realize that annual written requests for extensions were required. 2. It is not credible to believe that the applicant, a senior commissioned officer, did not realize that could implied an extension was not automatic and that perhaps he should check out the requirements to obtain that extension before his 1-year time limit expired. 3. An extension may normally be granted in two circumstances. One, when an unexpected event prevents the member from moving to the home of selection within the 1-year time limit; or two, when it is in the best interest of the Service or substantially to the member’s benefit and not more costly or adverse to the Service. 4. The applicant provides insufficient evidence to show that an unexpected event prevented him from using his transportation entitlement within one year of his retirement. In addition, granting an exception obviously would be to the applicant’s benefit; however, in the absence of evidence showing that the cost of moving his household goods today would be less expensive than the cost would have been had he moved them prior to 31 July 2005, there is insufficient evidence to show that granting an extension would meet the criteria of not being more costly to the Service. 5. In view of the above, there is no basis for granting the relief requested. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __xxx __ __xxx_ _ ___xxx_ _ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ____ xxxxxxx __ 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) AR20080004464 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080004464 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1