ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  11 February 2020

	DOCKET NUMBER:  AR20170012796


APPLICANT REQUESTS: reinstatement of his expired transportation entitlements.


APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

DD Form 149 (Application for Correction of Military Record)

FACTS:

1.  The applicant did not file within the 3-year time frame provided in Title 10, U.S. 
Code, 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:

a.	 the benefits to have relocation assistance by the Army Transportation Office 
should be allowed to be used by all veterans without the requirement to extend each 
year, especially in situations when this requirement is not made clear as to how the 
process is to be done.

b.	in his case, it was not made clear to him upon retirement that he had to go to 
the Transportation Office to apply for this extension.  It was his understanding from the 
flood of information in the retirement briefings that he was to contact or go to the 
Veteran’s Office each year to extend this benefit.  

c.	When he retired on 31 December 2012, it was not explained to him in a way he 
fully understood how to properly extend his benefit to have relocation assistance from 
year to year.  He had a difficult time contacting his veteran representative who he 
understood was the proper person to contact.  But when he finally did, he said an 
extension was not required for the first year but that he would take care of it by 
contacting the proper people.  

     d.   After this experience and without the thought that he would ever need this 
benefit, he did not pursue this again,  He now finds that he could use this benefit.  
He requests the Board to restore this benefit and remove the requirement for 
veterans to extend each year.    

3.  A review of the applicant’s records show:

a.	9 July 1997 – he commissioned as an officer in the Regular Army 

b.	31 December 2012 – he was retired from the RA

c.	Orders 103-0903, dated 12 April 2012, published by Headquarters, US Army 
Signal Center of Excellence, showed he was authorized up to 1 year to complete 
selection of a home and complete travel in connection with this order.  He was 
authorized shipment of household goods at the with dependent rate.

4.  The applicant’s records are void of documents showing he requested an extension 
for his transportation entitlement.  

5.  See REFERENCES below

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records.  The Board considered the applicant’s statement, his record of 
service and retirement and the entry on the retirement orders showing a one-year 
transportation authorization.  The Board found insufficient evidence to show that the 
applicant requested and was denied an extension of his transportation benefits.  His 
requested changes to policy is not within the purview of this Board.  Based on a 
preponderance of evidence, the Board determined that the absence of the requested 
transportation benefits was not in error or unjust.

2.  After reviewing the application and all supporting documents, the Board found that 
relief was not warranted.



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, U.S. Code, section 1552(b), provides that applications for correction of 
military records must be filed within 3 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 3-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.

	a.  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 or her 
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.

	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 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)	 AR20170012796

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