ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 16 September 2019 DOCKET NUMBER: AR20170009851 APPLICANT REQUESTS: extension of time limit for the shipment of goods to his home of record (HOR) after retirement APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * self-authored email statement * DD Form 214 (Certificate of Release or Discharge) * Order Number 137-0001 * Order Number 137-002 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 is requesting an extension on the time limit for permanent change of station (PCS) to HOR, as he lost track of the time to request an extension for his final PCS to his HOR, upon his retirement. He got lost in the shuffle in trying to find employment after the transition from military service. While he was finding employment, he failed to request the required extensions for his final move. It was not until his wife inquired about the PCS extension did he realize that he forgot to request it. He contacted the Fort Myer Transportation Office and he was told that they could not grant an extension after the fact and he would have to his request through the Army Board for Corrections of Military Records (ABCMR). He is truly sorry and if allowed this opportunity he will not miss another yearly request of an extension and will adhere to the 45 days prior to his anniversary date. 3. A review of the applicant’s service record shows: a. He enlisted in the United States Army Reserve (USAR) on 24 May 1983, as a cadet and was assigned to the USAR Control Group. b. DA Form 71 (Oath of Office – Military Personnel), dated 15 June 1985, shows the applicant was commissioned as a reserve officer. c. Order Number A-11-006758, dated 24 November 1986, ordered the applicant to active duty on 11 January 1987. d. DA Form 71, dated 1 March 1998, shows the applicant commissioned as a regular army officer in the infantry. e. He was released from active duty on 30 September 2014 with an honorable characterization of service under the provisions of Army Regulation (AR) 600-8-24 (Officer Transfers and Discharges), paragraph 6-13c (1) (Voluntary Retirements). His DD Form 214 shows that he completed 27 years, 8 months and 22 days of active service. 4. By regulation The Joint Travel Regulations, a Service member and his /her dependent(s) must begin travel to the HOR or place entered active duty (PLEAD) before the 181st day following separation from service or release from active duty to receive separation allowances. When travel before the 181st day would impose a hardship on the Service member, a time-limit extension may be authorized or approved for a specific time through the Secretarial process. BOARD DISCUSSION: After review of the application and all evidence, the Board found the relief is not warranted. His contentions were carefully considered. The applicant was honorably retired on 30 September 2014. His retirement orders authorized him up to 1 year to ship his HHG from his PDS to his HOR or HOS. The JFTR indicates retirement transportation and travel entitlements must be used within 1 year of retirement. However, the JFTR also provides for extensions of this entitlement in 1-year increments up to 5 additional years. Transportation offices are permitted to grant these extensions when the result of unforeseen medical reasons, education or training, and/or other deserving cases. The applicant stated that he honestly and truly lost sight of time to request an extension, which clearly shows the only reason his transportation allowance expired was due to his failure to submit an ETP request in a timely manner. The board agreed there is no evidence that shows the applicant was improperly counseled on his retirement and travel entitlements, to include the HHG shipment extension process. In addition, he did not provide a compelling reason why an extension would have been given when the 1-year authorization was due to expire. 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: Volume 1 (Uniformed Service Personnel) of the Joint Federal Travel Regulation (JFTR) contains basic statutory regulations concerning official travel and transportation of members of the uniformed services. c. Paragraphs U5130, U5230, and U5365-F contain the policy and procedures pertaining to the shipment of HHG to a HOS by uniformed service personnel upon retirement. In effect, these paragraphs authorize a member travel and transportation allowances to an HOS selected by the member from his last permanent duty station (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. b. 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 member’s benefit 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. c. Paragraph U5012-I of Volume 1 of the JFTR 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 period 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 or retirement date. These JFTR 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) AR20170009851 4 1