BOARD DATE: 28 September 2017 DOCKET NUMBER: AR20160002190 BOARD VOTE: ___x______ _x______ __x___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 28 September 2017 DOCKET NUMBER: AR20160002190 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 made timely requests for extension of his transportation entitlement * requests for extension were approved through 20 November 2017 2. The servicing Transportation Office and the Defense Finance and Accounting Service will verify the applicant’s eligibility to ensure no previous claims have been processed. The applicant is advised that if he requires extension beyond 20 November 2017, he must apply for extension with his servicing Transportation Office. ___________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. BOARD DATE: 28 September 2017 DOCKET NUMBER: AR20160002190 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 expired transportation entitlement. 2. The applicant states he was not aware nor was he ever counselled that his transportation entitlement could be extended. He would like to use his entitlement for his final move. 3. The applicant provides no additional evidence. 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. He enlisted in the Regular Army from 19 May 2005. 3. His record contains a DD Form 2648 (Preseparation Counseling Checklist for Active Component (AC), Active Guard Reserve (AGR), Active Reserve (AR), Full Time Support (FTS), and Reserve Program Administrator (RPA) Service Members), dated 15 November 2013. This form indicates that the applicant elected not to receive additional counseling in regards to his Travel and Transportation allowances; however, the form is void of the applicant’s signature. 4. On 6 September 2013, Headquarters, Third Infantry Division and Fort Stewart, Fort Stewart, GA, published discharge Orders 249-0020 showing: * his effective date of discharge as 20 November 2013 * additional instructions stating he was authorized up to 1 year to complete selection of a home and complete travel in connection with his discharge 5. He was honorably discharged due to non-combat disability on 20 November 2013. REFERENCES: The Joint Federal Travel Regulations (JFTR) states in chapter 5 – a. If a member is separated with severance/separation pay from active duty immediately following at least 8 years of continuous active duty with no single break of more than 90 days he or she is authorized household goods transportation from the last or any previous CONUS Permanent Duty Station (PDS), from anywhere the member elects with some limitations, from storage, or any combination thereof, to the member’s home of selection (HOS). b. An extension of the 1-year time limit may be authorized/approved by the Secretarial Process for a period not to exceed six years when an unexpected event beyond the member's control prevents the member from moving to the HOS within the specified time limit. c. A time limit extension also may be authorized/approved by the Secretarial Process for a period not to exceed six years if it is in the Service’s best interest, or substantially to the member’s benefit and not costly or otherwise adverse to the Service. These extensions are authorized/approved for the specific period of time, not to exceed six years, that the member anticipates is needed to complete the move. DISCUSSION: 1. The applicant requests reinstatement of his expired transportation entitlement because he was unaware that he could request an extension. 2. His discharge orders clearly state his transportation entitlement would expire within a year. However, the orders contain no information regarding the possibility to obtain an extension. Further, the applicant did not sign his pre-separation checklist and it is possible that he was not briefed on his travel entitlement. 3. The JFTR limits extension of entitlement to travel and transportation allowances to 6 years from the retirement/separation date. As such, the applicant must use his entitlement by 20 November 2019, provided he has approved extensions up to that date. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002190 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002190 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2