IN THE CASE OF: BOARD DATE: 14 October 2021 DOCKET NUMBER: AR20210011046 APPLICANT REQUESTS: correction of his record to show reinstatement of his expired transportation entitlements and a personal appearance before the Board. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Orders Number 010-0002, dated 10 January 2018 FACTS: 1. The applicant states the transportation entitlement is good for 6-years post- retirement, which is 30 April 2024. He missed his reinstatement window 1-year post- retirement under the assumption he would be contacted. He did not realize this was something he had to request or do. He has an adolescent son with special needs who was hospitalized during the period he should have submitted the request. 2. A review of the applicant's official records shows the following: a. On 23 September 1999, having had prior service, the applicant entered active duty as a commissioned officer and served continuously until his retirement. b. On 10 January 2018, Orders Number 010-0002, issued by Joint Base Myer- Henderson Hall, the applicant was assigned to the Fort Myer, Virginia, transition center. Item c of these orders authorized the applicant up to one year to move his dependents and to ship household goods (HHG) at Government expense. c. On 30 April 2018, the applicant retired. He completed 18 years, 7 months, and 8 days of net active service, with 2 years, 7 months, and 3 days of prior active service. 3. On 22 September 2021, in the processing of this case an advisory opinion was obtained from the Office of the Deputy Chief of Staff, G-1, Chief Compensation and Entitlements Division, who opined: a. Upon review of the supporting documents, we recommend the Army Review Boards Agency (ARBA) disapprove this request. Based on regulatory provisions, and documents provided by the applicant there is no evidence to demonstrate that an injustice or error was committed. b. The applicant's retirement orders, dated 10 January 2018, with an effective retirement date of 30 April 2018, provided the following additional instructions on the second page in paragraph b:"You are authorized up to 1 year to complete selection of a home and complete travel in connection with this action." He was required to request and receive an annual transportation extension(s) from a transportation office each year prior to his retirement anniversary date. He did not submit an extension before his one year of authorization which expired 30 April 2019. c. The Joint Travel Regulations (JTR) provide statutory regulation governing travel and transportation at government expense, issued under the United States Code (USC) Title 37, Section 481 for Uniformed Service members. According to law, there is no authority to reinstate expired travel and transportation, HHG shipment authority through the Secretarial process. Furthermore, there is no authority to retroactively approve an expired travel and transportation authorization 28 months after the fact. d. JTR paragraph 051003 (I), Time Limitations for Travel to the Home of Selection (HOS), states that a Service member and dependents must begin travel to an HOS within 1-year of the Service member's termination from active duty unless additional time is authorized or approved. JTR paragraph 052013 (B), HHG Transportation in Connection with Retirement, Time Limits, states that HHG must be turned over for transportation within 1-year following active duty termination. 4. On 28 September 2021, the applicant was provided with a copy of the advisory opinion to respond. As of 12 October 2021, the applicant had not responded. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found relief is not warranted. The Board found the available evidence sufficient to fully and fairly consider this case without a personal appearance by the applicant. 2. The Board concurred with the conclusion of the advisory official that the applicant was advised of the 1-year limit on his authorization to move his HHG and did not request an extension prior to the year had expired. The Board noted the applicant was the one responsible for maintaining his entitlement by requesting extensions in a timely manner, and his failure to do so does not constitute an error on the part of the Army. Based on a preponderance of evidence, the Board determined his expired transportation entitlements should not be restored. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :X :X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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. REFERENCES: 1. JTR section 052013 C1 (HHG Transportation in Connection with Retirement) states a Service member is authorized HHG transportation from the last permanent duty station to the Service Member’s Home of Selection (HOS). Extensions may be granted through the Secretarial process for an unexpected event beyond the Service member’s control that occurs and that prevents him or her from moving to the HOS within the specified time limit. A Service member must request all extensions in writing using the Secretarial process. An extension may not be for more than 6 years from the date of retirement. 2. Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2- 11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210011046 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1