ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 31 October 2019 DOCKET NUMBER: AR20170005845 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), with attached statement * email correspondence 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 (ABCMR) 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: a. There is an unjust Army bureaucratic interpretation of the Joint Travel Regulation (JTR) denying his retired household goods (HHG) transportation entitlement. After 26 years and 5 months of active duty service from 27 May 1987 until 1 November 2013 (to included 6 combat deployments), he literally retired 3 weeks after returning from his last combat tour as the Director of Operations, Special Operations Joint Task Force – Afghanistan. Despite little preparation for transition, he began his full-time civilian career in January 2014 while also embarking on a rigorous Master of Business Administration program at the University of Notre Dame, earning a degree in May 2016. b. However, in June 2016, their daughter, who suffers from Cerebral Palsy and is diagnosed as Intellectual Disabled, lost her ability to walk (she was enrolled in the Exceptional Family Member Program while he served on active duty). With tremendous support from the Tricare system, an exceptional pediatric orthopedist specializing in surgery for disabled children, his spouse tirelessly working as Mom, and a rehabilitation nurse and physical therapist; by December 2016, his daughter regained her ability to walk again. c. Due to his excessive work, graduate program overload, and family medical emergency; between 2014 and 2016, he failed to appropriately anticipate and request the yearly extension of the time limit for travel and HHG to their Home of Selection (HOS). With their family situation currently stabilized, he requests the Board’s favorable consideration in this matter to take care of an Army family. He will be glad to offer any further explanation as requested. 3. The applicant provides a copy of email correspondence, dated 22 December 2016, wherein a traffic management officer advised him of the following: * his travel and HHG transportation authorization expired on 31 October 2014 * orders additional instructions paragraph e states “you are authorized up to 1 year to complete travel in connection with this action” * extensions were submitted each year to a Transportation Office via visit, letter, or email with telephonic or email follow-up to receive an extension letter back * that office did not have JTR authority to reinstate an expired transportation shipping entitlement of HHG’s from 25 plus months ago * he had the right to appeal to the ABCMR 4. Review of the applicant’s service record shows: a. He was commissioned in the Regular Army on 27 May 1987. He served in: * Afghanistan from 19 December 2001 to 19 February 2002 * Qatar from 3 February to 3 May 2003 * Iraq from 15 August 2005 to 28 August 2006 * Djibouti from 21 September 2009 to 23 January 2010 * Afghanistan from 29 January to 15 May 2011 and 30 March to 8 June 2013 b. Orders Number 298-0001, issued by the U.S. Army Installation Management Command, Fort Stewart, GA on 24 October 2012, announced his release from active duty, effective 31 October 2013, and his placement on the retired list on 1 November 2013. The orders stated: * Requested place of retirement/separation: Not Applicable * Home of Record (HOR) – Fairfax Station, NY * you are authorized shipment of HHG’s to your HOR or HOS * you are authorized up to 1 year to complete travel in connection with this action c. He was honorably retired on 31 October 2013 and he was placed on the Retired List. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he completed over 26 years of active service. d. He retired in 1 November 2013 and his 1-year expired on 31 October 2014. Additional extensions of 5 years (up to a maximum of 6 years), if submitted and justified would have expired on 31 October 2018 and 31 October 2019, respectively. 5. By the JTR, retirement transportation and travel entitlements will be used within 1 year of retirement; however, extensions of this entitlement is allowed 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 reviewing the application and all supporting documents, the Board found relief was not warranted. Board members noted that he was given 1 year to move his HHG. Extension of 1 year increments are allowed if requested before the allowance expired. Based upon the documentary evidence provided by the applicant and found within the military service record, the Board found no request for extension to the benefit by the time required. For that reason, the Board concluded there was no error or injustice which would warrant making a correction to the applicant’s record. 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 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 Joint Travel Regulation (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’s) 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. The paragraphs 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’s 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) AR20170005845 2 1