ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 15 March 2019 DOCKET NUMBER: AR20160013628 APPLICANT REQUESTS: reinstatement of travel and transportation household goods shipment authorization. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 * Self-authored letter dated 5 July 2016 x 2 * TAR 1603 (New Home Contract) * Metroplex Discharge Summary dated 26 May 2015 * Metroplex Discharge Summary dated 29 March 2016 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states due to complications with his wife's surgery this year and yet having a residence ready for relocation to move into, he was unable to put in a request for an extension of his entitlement (shipping household goods). 3. A review of the applicant's records show on: * 12 March 1992 - he enlisted in the Regular Army * 9 May 2011 - he received a DD Form 2648 (Preparation Counseling Checklist for Active Component Service Members), showing he requested relocation assistance/ Travel and Transportation allowances * 7 December 2011 - he received retirement orders * 31 March 2012 - he received an honorable discharge 4. Order number 341-0198 shows: * effective date of retirement: 31 March 2012 * placed on Retirement list: 1 April 2012 * additional Instruction: [applicant] is authorized up to one year to complete selection of home and travel in connection with this action. Shipment of household goods and travel allowances are authorized to a home of selection within the United States (including Hawaii and Alaska) 5. The applicant provided two medical discharge summaries for spouse showing: * date of admission: 18 May 2015 * date of discharge: 21 May 2015 * preoperative diagnosis: Left Medial Compartment Osteoarthritis * patient underwent left partial knee replacement * date of admission: 14 March 2016 * date of discharge: 17 March 2016 * preoperative diagnosis: Failed left partial knee replacement * patient underwent a revision left total knee replacement 6. The applicant provided two self-authored letters dated 5 July 2016 requesting a reinstatement of travel and transportation entitlements stating he requested a reinstatement of his entitlement for an additional year. He states he plans to use the entitlement to relocate from his current residence, upon purchase of another residence. Due to complications with his wife's surgery he was unable to submit a request for an extension of his entitlements. The applicant provided a copy of his new home contract dated 15 August 2016. 7. On 25 May 2018 the Office of the Deputy Chief of Staff, G-4, Acting Chief, Transportation Policy Division provided an Advisory Opinion showing: * the Secretarial process (Army G-4) has no Joint Travel Regulation (JTR) authority to reinstate an expired travel and transportation household goods shipment authorization which ended 31 March 2013 * the applicant's retirement orders number 341-0198 dated 7 December 2011 provided the following additional instructions in paragraph a o You are authorized up to one year to complete selection of a home and travel in connection with this action o Shipment of household goods and travel allowances are authorized to a home of selection within the United States (including Hawaii and Alaska) * he was required to request and receive an annual transportation extension from a transportation office each year prior to retirement anniversary date * the applicant did not submit a request for extension on time, he submitted a request 39 months beyond the expiration date * this office lacks the JTR authority to approve an extension retroactively 8. The applicant was provided a copy of the advisory opinion on 29 May 2018, to provide him an opportunity to comment and/or submit a rebuttal. He did not respond. 9. The JTR provides basic statutory regulations concerning a Uniformed Service member's travel and transportation entitlements and interpreted to have the force and effect of law, 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 five additional years, or a total of 6 years. Extensions due to unforeseen medical reasons, education or training, and/or other deserving cases when an unexpected event beyond the retiree's control occurs which prevents the retiree from moving within the time limits may be granted under these extension provisions BOARD DISCUSSION: After review of the applicant and all evidence, the Board determined there is insufficient evidence to grant relief. The applicant’s contentions and the advisory opinion were carefully considered. Based upon the preponderance of evidence, the Board agreed there the applicant did not request extensions within regulatory guidance. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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 the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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. ADMINISTRATIVE NOTE(S): Not Applicable REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. The Joint Travel Regulations (JTR) (Uniformed Service Members and DOD Civilian Employees) implements laws, policy, and procedures for joint travel and transportation. JTR contains basic statutory regulations concerning official travel and transportation of members of the uniformed services. In effect, a service member is authorized travel and transportation allowances to a Permanent Duty Station (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. 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 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 JTR provisions and time limitations for the shipment of HHG were also in effect at the time of the applicant's retirement. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160013628 0 4 1