IN THE CASE OF: BOARD DATE: 22 September 2016 DOCKET NUMBER: AR20150013238 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: 22 September 2016 DOCKET NUMBER: AR20150013238 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: 22 September 2016 DOCKET NUMBER: AR20150013238 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, a correction of her military records by showing she requested, in a timely manner, an exception to policy (ETP) to the 1-year time limit for shipment of household goods (HHG) upon her retirement and that such request was granted. She also requests professional assistance with her move onto Fort Bragg, North Carolina. 2. The applicant states she did not request an ETP in 2013 or 2014 because she was not going to move. She was not going to use her transportation benefit after her retirement because her spouse and she had previously purchased a home in 2006. In 2015 an announcement was made that the military installation was granting retirees the opportunity to move onto the installation. Her spouse and she never thought they would have a chance to live on the installation so they never gave thought about applying for an ETP concerning HHG shipment. Since the announcement, they were approved to move onto the installation and into a disability accessible home. At the time of this application, they were supposed to move into their home on 1 September 2015. The applicant contends that if she had known at the time of her retirement in 2012 that they could move onto the installation, she would have requested to use her transportation benefit. 3. The applicant provides copies of: * Orders 242-0256, Fort Bragg, North Carolina, dated 30 August 2011 * A DD Form 214 (Certificate of Release or Discharge from Active Duty) * A letter from the applicant dated 5 July 2015, requesting an ETP * A letter from the Social Security Administration to the applicant’s spouse, dated 8 July 2015 * An e-mail communication dated from 7 to 31 July 2015 between the applicant and the Fort Bragg Installation Transportation Counselor 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 242-0256, as provided by the applicant, dated 30 August 2011, announced her release from assignment and duty and subsequent retirement effective 31 July 2012. She attained the rank of Chief Warrant Officer Four and completed 23 years, 9 months, and 26 days of creditable active duty service for retirement. The additional instructions informed her that she was authorized up to 1 year to complete her selection of a home and to complete travel in connection with her retirement. 3. A DD Form 214 shows that the applicant retired effective 31 July 2012 due to sufficient service. A comparison of this form and her application dated in 2015, for this correction reveals she lived at the same address for the entire time. 4. In a letter dated 5 July 2015, the applicant requested an ETP concerning her transportation benefit. She stated that she had retired in 2012 and thought they would never move again. Because Fort Bragg has opened their gates and now allows retirees to live on the installation, they have completed the process and have been granted a move in on 1 September 2015. She further stated that her husband is 100 percent disabled and they have been provided a one-floor disability accessible house. She also requests professional assistance with her move. 5. A letter from the Social Security Administration to the applicant’s spouse states that the spouse is entitled to monthly disability benefits. It also provides specific information concerning the spouse’s financial and medical benefits. This letter was provided by the Social Security Administration at the request of the spouse. 6. In an e-mail communication dated in July 2015, the Installation Transportation counselor informed the applicant that absent evidence of an annual extension request submission and transportation office approval prior to July 31, 2013; and July 31, 2014, from any transportation office to include but not limited to Fort Bragg, her entitlement had expired. She was reminded that all installation retirement/transition briefings discuss retirement benefits and require a visit to the Transportation office as a mandatory stop which offers the opportunity to ask questions concerning the requirement to submit extension requests annually to a transportation office and the maximum duration of such extensions. Further, she was advised about Title 37, United States Code (USC), section 481, which addresses circumstances which prohibit payment of certain allowances after the fact. 7. In the processing of this case, an advisory opinion was requested from the Office of the Deputy Chief of Staff, G-4 (Logistics Officer), Washington, DC, wherein, the Chief, Transportation Policy Division stated: a. The Secretarial process has no Joint Travel Regulation (JTR) authority to reinstate an expired travel and transportation shipment entitlement or authorization, which ended on 31 July 2013. The authority began on the order issue date and terminated 1 year from the active duty termination date. The JTR is the basic statutory regulation governing a uniform member’s travel and transportation at government expense, and has the force and effect of law issued primarily under the authority of Title 37, USC, section 481. b. The applicant’s retirement orders clearly stated she was authorized up to 1 year to complete her selection of home and to complete travel in connection with her retirement. 8. On 30 March 2016, a copy of the advisory opinion was sent to the applicant for her information and opportunity to respond. No response was received. REFERENCES: 1. The Joint Federal Travel Regulation (JTR) provides that travel to a selected home must be completed within 1 year after active duty termination. The JTR further provides that travel and transportation allowance extensions for members separating from the service may be authorized and approved for a specific additional time period using the Secretarial Process. It requires a written time limit extension that includes an explanation of the circumstances justifying the extension. It may be authorized and approved only when circumstances prevent use within the prescribed time; and must be for the shortest time appropriate under the circumstances. It may not be granted merely to accommodate personal preferences or convenience. 2. Title 37, USC, section 481 provides that no travel or transportation allowance may be provided under this section for travel that begins after the travel authority’s transition expiration date. DISCUSSION: 1. The applicant contends that her military records should be corrected by showing she requested, in a timely manner, an ETP to the 1-year time limit for shipment of HHG upon her retirement and that such request was granted. She also requests professional assistance with her move onto Fort Bragg, North Carolina. 2. The available evidence shows that the applicant retired effective 31 July 2012. She did not effect a travel or transportation move in conjunction with her retirement and did not request an ETP to extend eligibility based on any circumstances that prevented use within the prescribed time. It appears that her decision to move was based on an opportunity to reside in a disability accessible home located on an installation. 3. Further, the applicant has stated her moving date to the one-floor home was 1 September 2015. There are no provisions of law or regulation that permit retroactive payment of travel and transportation completed prior to authorization. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150013238 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150013238 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2