ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 14 August 2019 DOCKET NUMBER: AR20170000093 APPLICANT REQUESTS: In effect, reinstatement of his expired transportation entitlements. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Employment letter from by X of General Dynamics, 24 October 2016 * Self-authored statement, 28 October 2016 * Retirement Orders 233-0001, 21 August 2014 * Reassignment Orders 255-0006, 12 September 2014 * Letter from Case Management Division (CMD), 4 January 2017 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 he request an exception to policy concerning the requirement to file for an entitlement extension for the movement of household goods (HHGs) after retirement. He request that his entitlement for a one-time, post-retirement movement of HHGs is reinstated, so that he may apply for extensions until he moves from his current location or reach five full years of retirement. a. He believes he has extenuating circumstances and the requirement to file for an extension to entitlements within one year of retirement should be waived. He was not properly informed of the extension requirements during his transition. He did not submit an extension request because he thought the entitlement was only good for one year following retirement. He plans to move as early as 2018 and this entitlement would prevent out of pocket expenses to move his family back to the continental US. He believes it is unjust to deny this entitlement when the US Army moved him overseas as part of a routine permanent change of station. He had planned to give 20 years or more of service, however the Army did not promote him, and he had to find a job in Hawaii because his spouse had a stable job and he was only able to find work on Schofield Barracks, Hl. Due to the high cost of living in Hawaii, and the possibility of his contract with his current employer expiring in 2018 he needs this entitlement to relocate. b. He retired from active duty in the Army on 1 February 2015 while assigned to U.S. Army Pacific. He began his current job as a contractor for the U.S. Army in July 2015. He thought that he only had one year to make a government paid move back to his home of record (HOR) if he chose to move. I was unaware that he had to file an extension yearly for five years to maintain these benefits. He did not file for an extension of benefits prior to February 2016 as he was distracted with work and life events and did not plan on moving in 2016. His younger sister was sick with cancer and passed away in December 2015. I made three separate tripe to the mainland in 2015 to visit with her and family and to attend her funeral following her passing. Following this unfortunate event, he became consumed in work as an operational environment planner at the Mission Training Complex on Schofield Barracks. His work kept him extremely busy with a high operational tempo and temporary duty travel. Later in the year, he overheard one of his co-workers discussing the extension of entitlements and realized that he had not put in an extension request. He anticipates remaining in HI for the near term, however, the contract he works for expires in 2018 and he is planning to move back to his HOR. Although he did not file for an extension in time, he is hoping that by explaining his situation, an extension may be granted allowing him to keep this valuable entitlement. He will continue to file the extension each year until he moves if granted. He needs this valuable entitlement in order to return to his HOR. He also wants to be prepared for unforeseen circumstances that would require an earlier move to the mainland. 3. The applicant provides: * Employment letter from by X of General Dynamics, 24 October 2016 that shows the applicant has been employed since 13 July 2015 in HI * Self-authored statement, 28 October 2016 addressed above * Retirement Orders 233-0001, 21 August 2014, showing his retirement date as 31 January 2015 * Reassignment Orders 255-0006, 12 September 2014, showing he was assigned to transition center Schofield Barracks, HI with a 13 November 2014 report date * Letter from Case Management Division (CMD), 4 January 2017, showing his application was received and assigned a case number 4. A review of the applicant’s service records shows the following: a. He was appointed as a Reserve Officer Training Corps non-scholarship cadet. He was appointed as a Regular Army commissioned officer and executed an oath of office on 17 May 1997. b. On 21 August 2014, United States Army Garrison-Hawaii, Schofield Barracks, published Orders Number 233-0001 ordering his retirement effective 31 January 2015. c. On 12 September 2014, United States Army Garrison-Hawaii, Schofield Barracks, published Orders Number 255-0006. The orders stated: * You are authorized up to 1 year from the effective date of retirement to complete travel, ship household goods, and privately owned vehicle to your final home of selection and will be chargeable to Movement Designator Code * Scheduled date of separation: 31 January 2015 d. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he retired on 31 January 2015 and he was placed on the Retired List in the rank of major/O-4 on 1 February 2015. e. There is no evidence he submitted requests for extension after his retirement. 5. The Army G-4 reviewed his case and rendered an advisory opinion on 5 March2019. The advisory official stated that his office reviewed the application and noted the following statutory or regulatory provisions in support of a decision: a. Under the Joint Travel Regulations (JTR), paragraph 051003-1 and 052013 a retired service member must begin travel and move or ship household goods to a home of selection within one year of his or her termination from active duty, unless additional time is authorized or approved. Since the applicant’s retirement date was 31 January 2015, he had until 31 January 2016 to execute his home of selection, or to have additional travel time authorized or approved. The applicant did not request an extension by 31 January 2016, instead he submitted his extension request on 27 October 2016, making him ineligible for exception to policy consideration. b. The Army G-4 has no JTR authority to reinstate an expired travel and transportation HHGs shipment authorization which ended 31 January 2016. 6. On 12 April 2019, the applicant was provided with a copy of this advisory opinion to give him an opportunity (30 days) to submit a rebuttal. He did not respond. 7. By regulation the JTR, which 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. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was not warranted. The applicant’s contentions and the advisory opinion were carefully considered. The applicant retired and did not request an extension to use his transportation entitlement within one year of his retirement. The advisory official noted regulatory guidance provides he is not eligible to use the entitlement. The Board agreed there is insufficient evidence to grant relief as there was no injustice in this case. 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. 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. 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 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. 3. 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) AR20170000093 5 1