ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 13 December 2019 DOCKET NUMBER: AR20170009455 APPLICANT REQUESTS: in effect, an exception to policy to be able to use her household goods (HHG) shipment entitlement after her retirement. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Email * Orders 178-0002 * DD Form 214 (Certificate of Release or Discharge from Active Duty) * School of Law Acceptance Letter 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 when she retired in 2013, she thought she would stay in Huntsville, Alabama (Redstone Arsenal). She was living off post and had accepted a government job with Missile Defense Agency as an Acquisition Manager. She did not deny or select to receive the last move. Her advice to all retirees was to accept everything that was offered. She’s now a disabled veteran and unemployed. Recently, she was accepted to a post graduate course at Pepperdine University in Malibu, California. She would like to receive her last transportation move to pursue that opportunity. She did not select the last move. She would like the Board to show in her favor. If she had to do it again, she would have ensured she selected a last move, even if she never used it. From that day forward, she would encourage every Veteran to use the benefits they earned. The military does a great job taking care of both active duty and retirees. We have to do our job and share information. 3. The applicant provides: a. In an email to a transportation officer, dated 5 May 2017, shows the applicant requested an extension for her final move due to her acceptance into the Pepperdine University. b. Orders Number 178-0002, dated 26 June 2012, issued by the U.S. Army Installation Management Command, Redstone Arsenal, Alabama shows she would be retired on 31 May 2013, and placed on the retirement list on 1 June 2013. In part, her order provided these additional instructions: (1) Item a. Report to the US Army Transition point for records review and out- processing no later than 6 working days prior to the effective date of leave or separation (2) Item b. Shipment of household goods is authorized. (3) Item g. Report to local transportation office upon receipt of orders. c. An acceptance letter dated 8 December 2016, from the School of Law Pepperdine University that informed her she had been accepted to participate in Pepperdine University School of Law’s Master of Dispute Resolution Program at the Straus Institute for Dispute Resolution. 4. A review of the applicant’s service record shows: a. Orders 50-5-67, dated 31 March 1993 ordered her to active duty upon her acceptance of appointment in the US Army Reserve, with a reporting date of 23 October 1993. b. DA Form 71 (Oath of Office), dated 16 June 1993 shows she was appointed an officer in the Army of the United States in the grade of second lieutenant 2LT/01. c. DD Form 2648 (Pre-Separation Counseling Checklist), dated 16 January 2013, shows the applicant acknowledged she received the pre-separation counseling, and that she understood the transition benefits and services available to assist in her transition. d. The applicant’s DD Form 214, shows she entered active duty on 8 May 1993 and separated on 31 May 2013. She had a total net active service of 20 years and 23 days. She was retired with an honorable character of service for sufficient service for retirement. e. There is no documentation to show, nor does the applicant provide any evidence that she requested any extensions for her HHG. 5. The Joint Travel Regulation (JTR) is the basic statutory regulation governing a uniformed member's travel and transportation at government expense, and has the force and effect of law issued primarily under the authority of Title 37 United States Code Section 481. 6. The JTR, with basic statutory regulations concerning a Uniformed Service member's travel and transportation entitlements, 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, and which prevents the retiree from moving within the time limits may be granted under these extension provisions. 7. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the relief was not warranted. The applicant’s contentions were carefully considered. The Board determined that although the applicant was authorized the shipment of her HHG upon her retirement, she had one year to use her HHG entitlement, with one-year extensions up to five years. However, the Board notes that the applicant failed to submit any extensions. The Board found that the applicant’s request was without merit. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :XX :XXX :XXX 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. The Joint Travel Regulation (JTR) is the basic statutory regulation governing a uniformed member's travel and transportation at government expense, and has the force and effect of law issued primarily under the authority of Title 37 United States Code Section 481. 3. The JTR, with basic statutory regulations concerning a Uniformed Service member's travel and transportation entitlements, 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, and which prevents the retiree from moving within the time limits may be granted under these extension provisions. 4. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170009455 4 1