IN THE CASE OF: BOARD DATE: 8 September 2011 DOCKET NUMBER: AR20110005120 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 her expired transportation entitlement. 2. The applicant states she submitted a request for an extension of her transportation entitlement in 2007, but she was not told she had to submit a request annually. After she retired she required dental implant surgery that had to be repeated and she was receiving medical treatment for her wrist, knee, and shoulder. 3. The applicant provides: * DD Form 214 (Certificate of Release or Discharge from Active Duty) * retirement orders * DD Form 2648 (Preseparation Counseling Checklist) (two pages) * two requests for a transportation entitlement extension to the Transportation Office, Fort Sam Houston, TX, dated 30 April 2007 and 7 January 2011 * denial letter from the Transportation Office, Fort Sam Houston, TX, dated 8 February 2011 * two letters * academic transcript * DD Form 689 (Individual Sick Slip) 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's records show she enlisted in the Regular Army on 24 January 1984 and held military occupational specialty (MOS) 42A (Human Resources Specialist) and MOS 92G (Food Service Specialist). She served through multiple extensions and/or reenlistments and attained the rank/grade of master sergeant (MSG)/E-8. 3. Headquarters, U.S. Army Medical Department Center and School and Fort Sam Houston, Fort Sam Houston, TX, Orders 181-0112, dated 30 June 2005, announced the applicant's retirement effective 30 April 2006. The orders further notified the applicant she was authorized up to 1 year to complete selection of a home and complete travel in connection with this action. 4. She was honorably retired on 30 April 2006 and placed on the Retired List in the rank/grade of MSG/E-8 on 1 May 2006. She was credited with 22 years, 3 months, and 7 days of honorable service. 5. She submitted a copy of her letter to the Transportation Office, Fort Sam Houston, TX, dated 30 April 2007, wherein she requested an extension of her transportation entitlement. She contended she was under a doctor's care until a time to be determined and was seeking viable employment. In her request she did not specify a time period for the extension. This request was stamped "Received 30 April 2007" and initialed. 6. She submitted a copy of her letter to the Transportation Office, Fort Sam Houston, TX, dated 7 January 2011, wherein she requested an extension of her transportation entitlement. She contended she attended graduate school from March 2007 to December 2010 and had several medical issues for which she was under a doctor's care and had been since her retirement. She also stated she was issued an extension in 2007, but she was not aware she had to submit a request annually. 7. An advisory opinion was obtained from the Chief, Transportation Policy Division, Office of the Deputy Chief of Staff, G-4, Headquarters, Department of the Army, in the processing of this case. A G-4 official recommended denial of the applicant's request for extension. He stated that under the provisions of the Joint Federal Travel Regulation (JFTR), an extension may be authorized for a specific period of time the member anticipates is needed to complete the move. The period of time is requested in yearly extension requests submitted by the Soldier. The applicant retired in April 2006 and submitted an extension request in April 2007. She did not follow-up the extension approval or submit future requests. Extension requests are required yearly. The official further stated that G-4 was unable to support an extension after more than 4 years after the first extension. 8. In a response to the advisory opinion, the applicant stated she was not aware that an annual request for an extension had to be submitted and only submitted the first request after receiving a notice in the mail. She was under a doctor's care and was attending school. After discharge, Soldiers are bombarded with so much in addition to the stress of not knowing what will happen next. She is still being seen by doctors for a knee injury, a torn rotator cuff, and a degenerative knee. 9. Volume 1 (Uniformed Service Personnel) of the JFTR contains basic statutory regulations concerning official travel and transportation of members of the uniformed services. Paragraphs U5130, U5230, and U5365-F contain the policy and procedures pertaining to the shipment of household goods (HHG) to a home of selection (HOS) by uniformed service personnel upon retirement. In effect, these paragraphs authorize a member travel and transportation allowances to an HOS selected by the member from his or her last 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 a PDS 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 member's benefit 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 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 evidence of record shows the applicant was honorably retired on 30 April 2006. Her retirement orders stated she was authorized up to 1 year to complete selection of a home and complete travel in connection with her retirement. 2. The JFTR indicates 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. The applicant in this case submitted one request for extension which was granted. In that request she did not specify the time frame for her request. The applicant states she was not aware of the requirement to submit an annual request. In addition, she was undergoing medical treatment for several years and was concentrating on regaining her health. She then submitted a second request in January 2011 which was denied. 3. It is therefore reasonable to presume that if the applicant had submitted annual requests, the transportation office would have granted her the requested annual extensions. Requests may be approved for up to 6 years from the date of her retirement if the Soldier is undergoing education, training, or medical treatment. Therefore, it would be appropriate and serve the interest of justice to correct her record to show she was granted the necessary extension of her earned and authorized retirement travel and transportation entitlement in order to allow her move to a designated retirement location at government expense. 4. Notwithstanding the G-4 advisory opinion that extension is not authorized, it seems appropriate to approve the applicant's request for extension and reinstatement of her HHG shipment entitlements through 30 April 2012 (6 years after her retirement). This would, in effect, authorize the applicant to use the approved extension to complete her final move. Additional extensions beyond this date would not be authorized. BOARD VOTE: ____X____ ___X_____ ____X____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 the applicant timely requested and received approval for annual extensions of her retirement transportation entitlements through 30 April 2012. _____________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) AR20110005120 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110005120 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1