ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 25 February 2020 DOCKET NUMBER: AR20170013219 APPLICANT REQUESTS: reimbursement of household good and shipment entitlements. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Memo Subject: Request for Orders Extension, dated 6 September 2016 * Orders 086-0034 * Orders 142-011 * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Correspondence with State Senator * Receipts from Moving FACTS: 1. The applicant states at no time during his transition from the Army was he informed he needed to recertify his separation moving expense reimbursement. Through no fault of his own, his entitlement lapsed. He requests to be allowed to use his entitlement. 2. A review of the applicant’s records show: * 14 December 1984 – he enlisted in the Regular Army (RA) * 10 July 1999 – he was honorably discharged from RA * 8 July 1999 – he enlisted in the Army National Guard (ARNG) * 26 March 2013 – he was retired “Medically Unfit for Retention,” Additional Instructions show the applicant is authorized up to 1 year to complete selection of a home and complete travel in conjunction with this action 3. The applicant provided the following documents in support of his request: a. Memorandum for record Subject: Request for orders extension, dated 6 September 2916, which states the history of his mobilization, demobilization, and challenging process to meet a medical evaluation board. He was retired with a 50% Army rating in March 2013 and received out processing briefing only because he was willing to do so on his own (non-paid) status. As he was not in the Warrior Transition Unit or on active duty, he had not been briefed on any other things he needed to do, especially in regard to extending his entitlement to a PCS as medical retiree. He heard at the out processing brief as a medical retiree, he could use his retirement PCS for up to 6 years. He is hoping to use his retirement PCS in the late fall or early winter of 2016 to move to his home of record in western. b. DD Form 214 (Certificate of Release or Discharge from Active Duty) – dated 30 September 2011 shows he was honorably released from active duty with the COARNG. c. Orders 086-0034 – dated 27 March 2013 shows he was released from assignment and duty because of a physical disability. d. Orders 142-011- dated 22 May 2013 shows he was honorably discharged from Colorado Army National Guard (COARNG). e. Correspondence from the Department of the Army G4 to a State Senator, dated 30 January 2017. It states under the Joint Travel Regulation (JTR), a retired service member must complete household goods (HHG) transportation to a home of selection or submit an exception to policy request for an extension within one year following the service member’s active duty termination date. The applicant retired on 27 March 2013, hence his entitlement to move to a home selection expired on 27 March 2014. f. Receipts from Moving – dated 21 April 2017, which shows his household goods move from to with a delivery date of 24 April 2017. 4. On 14 November 2019, Army Review Board Agency (ARBA) received an advisory opinion from Chief of Transportation Policy Division stating the following: a. The Secretarial process (Army G1/ G4) has no JTR authority to reinstate an expired travel and transportation HHG shipment authorization which ended 26 March 2014. b. The applicant’s retirement orders, number 086-034, dated 27 March 2013 with a retirement date of 26 March 2013 provided the following additional instruction in paragraph a: “you are authorized up to 1 year to complete selection of a home and complete travel in conjunction with this action.” c. The applicant was required to request and receive an annual transportation extension from a transportation office each year prior to his retirement anniversary date. d. The applicant submitted the extension request on 4 November 2016, 31 months after the expiration date his retirement orders authorized. 5. The applicant was provided with a copy of this advisory opinion to give him an opportunity to respond and/or submit a rebuttal. The applicant did not respond. 6. 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, his status the date of his retirement for physical disability and the entitlement for movement of household goods associated with that retirement. The Board considered the review and conclusions of the HQDA G4 advising official and the date of the applicant’s requested extension (of transportation entitlements). Based on a preponderance of evidence, the Board determined that the applicant was denied transportation benefits due to no fault of his own and that his transportation benefits should be reinstated. 2. After reviewing the application and all supporting documents, the Board found that relief was warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected as follows: - That the applicant timely submitted requests for extension of transportation benefits and those requests were accepted and processed by the appropriate agency, and; - That the applicant is entitled to shipment of his household goods in conjuction with his disability retirement. 10/7/2020 X CHAIRPERSON 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. 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//