IN THE CASE OF: BOARD DATE: 2 February 2016 DOCKET NUMBER: AR20140019073 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 transportation entitlement for shipment of household goods (HHG). 2. The applicant states his request for shipment of HHG was disapproved by Headquarters Department of the Army (HQDA) G-4. He appeals for reconsideration based on incorrect interpretation of his retirement orders as amended. 3. The applicant provides: * Memorandum, Subject: Exception to Policy for Shipping Reinstatement, dated 30 September 2014 * Memorandum, Subject: Exception to Polity Determination, dated 9 October 2014 * Memorandum, Subject: Request for Exception to Policy for Sergeant First Class (SFC) [applicant], dated 3 October 2014 * Headquarters, 3rd Infantry Division and Fort Stewart Orders 293-0008, dated 20 October 2006 * Headquarters, Fort Stewart and Hunter Army Airfield Orders 120-0002, dated 30 April 2007 * Headquarters, 3rd Infantry Division and Fort Stewart Orders 255-0010, dated 11 September 2008 * U.S. Army Civilian Record Brief CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army on 17 September 1985 and continued to serve on active duty through a series of reenlistments. He was promoted to SFC on 1 May 2003. 2. Orders 293-0008 published by Headquarters, 3rd Infantry Division and Fort Stewart on 20 October 2006 authorized the applicant's release from active duty for retirement on 30 June 2007 and his placement on the Retired List on 1 July 2007. These orders authorized him up to 1 year to complete selection of a home and to complete travel in connection with his retirement. 3. Orders 120-0002 published by Headquarters, Fort Stewart and Hunter Army Airfield on 30 April 2007 amended Orders 293-0008, dated 20 October 2006, by releasing him from active duty for retirement on 31 October 2008 and placing him on the Retired List on 1 November 2008. 4. Orders 255-0010 published by Headquarters, 3rd Infantry Division and Fort Stewart on 11 September 2008 amended Orders 293-008, dated 20 October 2006, by releasing him from active duty on 30 June 2009 and placing him on the Retired List on 1 July 2009. 5. On 30 June 2009, the applicant was honorably released from active duty for the purpose of retirement in the rank of SFC/E-7. He was placed on the Retired List on 1 July 2009. 6. In a 30 September 2014 memorandum, the applicant requested an exception to policy to reinstate his entitlement for a final shipment of HHG to his home of record (HOR). 7. In a 3 October 2014 memorandum, an Installation Transportation Officer (Acting), Logistics Readiness Center-Stewart submitted a request to HQDA G-4 for an exception to policy for the applicant to have his entitlement reinstated to make his final move back to his HOR. The Installation Transportation Officer (Acting) stated the applicant retired on 31 October 2009 and never requested an extension because he accepted a job at Winn Army Community Hospital at Fort Stewart following his retirement. The applicant continued to reside in Government Quarters for the duration of his employment. The official further stated that the applicant had recently accepted a position with the Veterans Health Administration in Massachusetts. The applicant intended to move from Government Quarters at Fort Stewart and move back to his home state in order to pursue this opportunity. 8. In a 9 October 2014 memorandum, the Installation Transportation Officer (Acting) informed the applicant that his exception to policy request was disapproved by HQDA G-4. The official stated: a. Retirement orders travel and transportation entitlement was clear and concise in the additional instructions b: "You are authorized one up to 1 year to select a home and complete travel in connection with this action." b. All installation retirement/transition briefings discuss retirement benefits and installation clearance forms which require a visit to the Transportation Office as a mandatory stop which both offer the opportunity to ask questions. If not clear or understood on a Soldier's requirement to submit extension requests annually to a Transportation Office and the maximum extension duration. c. The applicant's travel and transportation entitlement expired on 30 June 2008 (i.e., 2009). His records does not include evidence to show an annual extension request submission and an Installation Transportation Officer's approval prior to 30 June 2008 (i.e., 2009). Extensions are submitted to a Transportation Office via visit, letter, or email with telephonic follow-up from any location. Even if the applicant had submitted annual extensions in 2008, 2009, 2010, 2011, and 2012, his entitlement would have ended in 2013, six years from the date of retirement and not been extended after 30 June 2013 (i.e., 2014). d. The Joint Travel Regulation (JTR) contains 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 exists primarily under the authority of Title 37, U.S. Code section 481, which prohibit payment of certain allowances after the fact. e. HQDA does not have JTR authority to reinstate an expired transportation shipping entitlement of HHG 72 months after the fact. The applicant has the right to appeal to the Army Board for Correction of Military Records. 9. In the processing of this case, an advisory opinion was obtained from the Office of the Deputy Chief of Staff, G-4 who opined: a. The Secretarial process (Army G-1/G-4) has no JTR authority to reinstate an expired travel and transportation shipment entitlement or authorization, which ended on 30 June 2010. The authority begins on the order issue date and terminates 1 year from the active duty termination date. b. The JTR is the basic statutory regulation governing a uniformed member's travel and transportation at Government expense, and has the force and effect of law issued primarily under the authority of Title 37, U.S. Code Section 481. c. The applicant's retirement orders additional instructions b. clearly state: You are authorized up to 1 year to select a home and complete travel in connection with this action." Installation transition/retirement briefings discuss retirement benefits and offer the opportunity to ask questions, if not clear or understood. All installation clearance forms require a visit to the Transportation Office as a mandatory stop to receive additional instructions on shipment of personal property, non-temporary storage authorization, and a retiree's requirement to submit annual extension requests and the maximum duration. 10. On 4 February 2015, the advisory opinion was forwarded to the applicant to allow him to provide comments. He did not respond. 11. Volume 1 (Uniformed Service Personnel) of the Joint Federal Travel Regulation (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 procedure 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 by the member from his/her last permanent duty station (PDS) upon retirement. They state, in pertinent part, that 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, in pertinent part, that travel must be completed within 1 year from the active service termination date. 12. 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, in pertinent part, 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. Orders were initially published on 20 October 2006 which released the applicant from active duty on 30 June 2007. These orders were amended on 30 April 2007 which changed his release date to 31 October 2008. On 11 September 2008, these orders were further amended to change his release date to 30 June 2009. His retirement orders stated that he was authorized up to 1 year to complete selection of a home and complete travel in connection with this action (entitlement expired on 30 June 2010). 2. The evidence of record shows the applicant retired and accepted a position at Winn Community Hospital. The applicant continued to reside in Government Quarters for the duration of his employment. 3. 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, or a total of 6 years. 4. The JFTR contains basic statutory regulation concerning a uniformed service member's travel and transportation. These regulations have the force and effect of the law. The retired service members retirement orders clearly state he was authorized up to 1 year to select a home and complete travel in connection with this action. All installation transition/retirement briefings discuss retirement benefits and offer the opportunity to ask questions, if not clear or understood. All installation clearance forms require a trip to the Transportation Office as a mandatory stop to receive additional instructions on shipment of property, non-temporary storage authorization, and a retired service member's requirement to submit annual extension request and maximum duration. 5. There is no evidence that the retired service member was not properly counseled. His subsequent employment appear to be a choice that he made. But even if he had requested an extension of his transportation allowance, his final extension would have expired on 30 June 2015. BOARD VOTE: ________ ________ ________ 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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ___________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) AR20140019073 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140019073 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1