IN THE CASE OF: BOARD DATE: 12 January 2016 DOCKET NUMBER: AR20150003743 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, correction of his records to show he was approved for an extension of his entitlement to ship his household goods (HHG) to his home of selection (HOS). 2. The applicant states, in effect, that: a. In the month of October 2014, he attempted to drop off his orders for his extension, but was told to come back in December 2014. b. He had a family emergency and he had to assist his stepfather with chronic obstructive pulmonary disease (COPD). His step-father is 75 years old and his doctors thought he was dying. c. He stayed with his stepfather and assisted him with daily activities and filling out paperwork to get him the care he needed. d. He reported first thing to transportation on 5 January 2015 to turn in his orders. That is when he was informed that he had to fill out a request for an extension which was recommended for approval at Fort Bragg, NC, but then was later disapproved via e-mail. 3. The applicant provides: * Memorandum from the 406th Army Field Support Brigade, Logistics Readiness Center, in Fort Bragg, NC, subject: Request for an Exception to Policy Pertaining to [applicant] dated 8 January 2014 * Email from U.S. Army Acquisition Support Center (ASC) to the applicant dated 3 February 2015 * DD Form 214 (Certificate of Release or Discharge From Active Duty) * Orders 345-0262, issued by Headquarters, U.S. Army Garrison, Fort Bragg, NC, dated 10 December 2012 CONSIDERATION OF EVIDENCE: 1. The applicant entered active duty on 23 January 1992 and executed an oath of office as a warrant officer in Regular Army on 19 January 2007. 2. Orders 345-0262, dated 10 December 2012, released him from active duty effective 30 December 2012 and placed him on the Retired List on 31 December 2012 in the rank/grade of chief warrant officer two (CW2). 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. The applicant’s address on his application is the same address as that shown on his DD Form 214. 5. The applicant submitted copies of his request letters for extension of his HHG transportation entitlements for years 2014 and 2015. He stated that he was out of town on a family emergency and was not able to submit his request on time. He will be closing on a house and intends to use his final move to relocate his personal property this year. 6. On 8 January 2014, the 406th Army Field Support Brigade Logistics Readiness Center, in Fort Bragg, NC, recommended approval for an exception to policy (ETP); however on 3 February 2015, via email, the U.S Army ASC denied his request. 7. 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 December 2013, absent evidence of an annual extension request and installation transportation office approval prior to 30 December 2013, from any transportation office, to include, but not limited to, Fort Bragg, NC. 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. Headquarters, Department of the Army (HQDA) did not have JTR authority to reinstate an expired transportation shipping entitlement of household good from over 12 months ago, after the fact. He had the right to appeal to Army Review Boards Agency. 8. 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. 9. 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. 10. 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. The applicant’s initial 1-year entitlement expired on 30 December 2013. He provides copies of his requests for extension of his entitlement for years 2014 and 2015; however, the transportation office denied his request for an ETP. 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. It is presumed that had his requests for extension been received on time they would have been granted. 3. The applicant requested an ETP to reinstate and extend transportation and travel entitlements. The only reason for denying his extension request was that his request was not received within the 1-year deadline. 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 December 2016 in order to allow him sufficient time move to a designated retirement location at Government expense. 4. An extension 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 December 2018. 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 submitted a timely request and was approved for extension of his travel and transportation entitlements through 30 December 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 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150003743 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1