IN THE CASE OF: BOARD DATE: 16 August 2016 DOCKET NUMBER: AR20150007324 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X____ ___X_____ ___X_____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 16 August 2016 DOCKET NUMBER: AR20150007324 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. ______________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. IN THE CASE OF: BOARD DATE: 16 August 2016 DOCKET NUMBER: AR20150007324 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, reinstatement of his expired retirement transportation entitlements. 2. The applicant states he did not relocate immediately upon retirement because his daughter was in her junior year in high school and his wife was enrolled in college. He was informed that he had a year to complete his move but he was not informed that he could request an extension for up to 5 years in annual increments. 3. The applicant provided copies of his retirement orders and a 3 March 2015 email concerning an extension of the shipping household goods. 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. Orders 025-0002, U.S. Army Garrison Fort Belvoir, dated 25 January 2012, released the applicant, then assigned him to Dover, Air Force Base, DE, for active duty on 30 November 2012 and placed him on the retired list effective 1 December 2012. Fort Belvoir, VA, was shown as the requested and authorized place of retirement. a. The orders informed him that he had 1 year to complete his home of selection move in conjunction with his retirement. The orders further stated that he must apply for shipment of household goods within 1 year of his retirement date or his shipping entitlement would be lost. b. The orders informed him that he was required to attend a retirement briefing and that they were scheduled every-other Wednesday at Fort Belvoir. c. He was required to schedule an appointment with the Transition Office at Building 1155, Fort Belvoir, VA. 3. The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he retired from the Regular Army as a staff sergeant (E-6) due to sufficient service for retirement on 30 November 2012. 4. During the processing of this case an advisory opinion was obtained from Headquarters, Department of the Army (HQDA), Office of the Deputy Chief of Staff (DCS), G-4. The Chief, Transportation Policy Division, pointed out that transitions and retirement briefings are held so that any questions about the process(s) that arise may be answered. The applicant’s retirement travel and transportation entitlements expired on 30 November 2013. Further, the Joint Travel Regulation (JTR) does not authorize the HQDA, DCS, G4, to reinstate expired travel and transportation shipment entitlements or authorizations. Title 37, U.S. Code, section 481 is the applicable statute governing a uniformed member’s travel and transportation allowance at government expense. The opinion was forwarded to the applicant for response or rebuttal. 5. The applicant replied that he had gone to the Transportation Office and that the "airman" had given him the wrong information. He was told he had only 1 year to move his household goods at government expense. This turned out to be false information. Years later he found out he could have requested an annual extension to the 1-year rule. He said he relied on the airman to provide him with correct information. REFERENCES: 1. Volume 1 (Uniformed Service Personnel) of the JTR 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 permanent duty station (PDS) by uniformed service personnel upon retirement. In effect, these paragraphs authorize a member travel and transportation allowances to a PDS selected by the member from his last PDS upon retirement. They state 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 that travel must be completed within 1 year from the active service termination date. 2. 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 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 JTR 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. DISCUSSION: 1. The applicant retired on 30 November 2012. His orders stated he had 1 year in which to use his transportation entitlement. He did not provided any documentary evidence showing he was misled or erroneously informed. 2. He provided no evidence that he attended the mandatory briefings at Fort Belvoir where the household goods transportation rules would have been explained. His contention that the "airman" who helped him gave him wrong information indicates that he did not do as instructed. His orders instructed him to out-process at Fort Belvoir. 3. Furthermore, the applicant has not provided a qualifying reason or circumstance that would have merited approval of an extension of this entitlement a year after his retirement. The rules governing extensions ensure the decision is in the best interest of the Service or substantially benefits the service member and not costly or otherwise adverse to the service. 4. An extension of a transportation entitlement may not be granted merely to accommodate personal preferences or convenience; and may not be authorized and approved if it extends travel and transportation allowances for more than 6 years from the date of separation. The travel regulation allows retirees to submit a written request to extend their retiree travel entitlement with supporting evidence annually. The lack of knowledge on the part of the applicant is insufficient justification to grant an exception to the annual Secretarial approval process nearly 4 years after his retirement. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150007324 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150007324 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2