BOARD DATE: 2 March 2017 DOCKET NUMBER: AR20150016698 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 BOARD DATE: 2 March 2017 DOCKET NUMBER: AR20150016698 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. BOARD DATE: 2 March 2017 DOCKET NUMBER: AR20150016698 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 correction of his records to show he timely requested and received approval for annual extensions of his retirement transportation entitlements. 2. The applicant states: a. He understands he was authorized up to 1 year to complete selection of a home and complete travel in connection with his retirement. His travel and transportation entitlement expired in 2012. He did not file for annual extensions. b. He is a disabled retired veteran. At the time of his retirement, he had no intention of moving from the home he occupied. Because of his age, disability status, and health reasons, he found the need to move to a single living environment. 3. The applicant provides: * retirement orders, dated 7 January 2011 * DD Form 214 (Certificate of Release or Discharge from Active Duty) * letter from the Department of Veterans Affairs, dated 23 March 2015 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 retired on 30 April 2011 in the rank of lieutenant colonel after completing over 20 years of active service. His retirement orders state he was authorized up to 1 year to complete selection of a home and complete travel in connection with this action. 3. There is no evidence showing he requested an extension of his travel and transportation entitlements yearly beginning in 2012. 4. He provided a letter from the Department of Veterans Affairs, dated 23 March 2015, showing his combined service-connected disability rating is 50 percent. The letter does not identify the medical conditions contributing to this rating. 5. On 12 September 2016, a staff advisory opinion was obtained from the Chief, Transportation Policy Division, Department of the Army Office of the Deputy Chief of Staff, G-4, in the processing of this case. The opinion states: a. The Secretarial process (Army G-4) has no Joint Travel Regulations (JTR) authority to reinstate an expired travel and transportation shipment entitlement or authorization which ended on 30 April 2012. The authority begins on the orders issue date and terminates 1 year from the active duty termination date. The JTR is the basic statutory regulation governing a Uniformed Service 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. b. The applicant's retirement orders additional instructions clearly state, "You are authorized up to 1 year to complete selection of 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 those entitlements are not understood. Additionally, installation clearance forms require a visit to the Transportation Office to receive additional instructions regarding personal property shipment and non-temporary storage authorizations, the maximum duration of those entitlements, and the retiree's requirement to submit requests to extend those authorizations. 6. A copy of the advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comment or a rebuttal. He did not respond. REFERENCES: The JTR contains basic statutory regulations concerning official travel and transportation of members of the Uniformed Services. a. Paragraph 5000A8 (Home of Selection) states once a home is selected, that selection is irrevocable if transportation-in-kind is furnished and used or travel and transportation allowances are received after travel is completed. b. Paragraph 5000B6 states an extension must not be authorized/approved if it extends travel and transportation allowances for more than 6 years from the date of separation, release from active duty, or retirement. c. Paragraph 5318F states an extension of the 1-year time limit may be authorized/approved through the Secretarial process when an unexpected event beyond the member's control occurs which prevents the member from moving to the home of selection within the specified time limit. A time limit extension also may be authorized/approved through the Secretarial Process if in the best interest of the service or the member's benefit and not more costly or adverse to the service. DISCUSSION: 1. The evidence of record shows the applicant retired on 30 April 2011 and his retirement orders state he was authorized up to 1 year to complete selection of a home and complete travel in connection with this action. 2. By law, a retired Soldier must request an extension of travel and transportation entitlements yearly, not to exceed 6 years from the date of separation. 3. He stated he had no intention of moving at the time of his retirement. Now he finds the need to move to a single-living environment because of his age and disability. If he had requested annual extensions due to unexpected events beyond his control, his transportation entitlement would expire 20 April 2017. He did not do so. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150016698 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150016698 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2