ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 12 December 2019 DOCKET NUMBER: AR20170014793 APPLICANT REQUESTS: exception to policy (ETP) for Household Goods (HHG) entitlement benefit. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Exception to Policy (ETP) denial letter, dated 26 April 2017 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 that she requests that HHG entitlement benefit following retirement be reinstated. She retired on 1 March 2014. She and her active duty spouse moved to MacDill Air Force Base in mid-March 2014, using his PCS move entitlements. That year, her mother was hospitalized and subsequently passed away and she was her primary caregiver through six months of illness, stroke, and death. She did not have time to visit her local transportation office to request an extension of her HHG entitlement. She was not aware that she had to renew her entitlement yearly. She believes that the record should be corrected, as she did not fail to visit the transportation office out of a lack of concern or laziness but simply was not aware of the requirement, and was extremely busy with caring for her mother. She is the only sibling in Florida, and was the only one available to help her. 3. The applicant provides a copy of her ETP that states that her request for ETP for her final move on her retirement orders was forwarded to Head Quarters Department of the Army (HQDA) and was denied. 4. A review of the applicant’s service record shows the following: a. She enlisted in the Regular Army (RA) on 27 November 1990. b. She was discharged from active duty on 28 August 1994 with an honorable character of service to enter the Officer Training Program. Her DD Form 214 (Certificate of Release or Discharge from Active Duty) shows that she completed 3 years, 9 months and 7 days of active duty service. c. She reenlisted in the RA as a cadet on 29 August 1994. d. DA Form 71 (Oath of Office-Military Personnel) states that the applicant was commissioned as U.S Army Reserve (USAR) officer effective 12 May 1997. e. Orders 160-0271, dated 9 June 2009, states that the applicant was released from active duty effective 17 July 2009 and assigned to the USAR in ST. Louis MO. f. Orders 214-0163, dated 2 August 2013, assigns the applicant to Fort Knox, KY for separation processing effective 20 December 2013. It further states that the applicant must attend pre-separation counseling and that she is authorized shipment of HHG. g. She was retired from active duty on 28 February 2014. Her DD Form 214 shows that she completed 1 year, 10 months, and 13 days of active duty service with 18 years, 1 month, and 19 days of prior active duty service. 5. Joint Travel Regulation (JTR) Uniformed Service Members and Department of Defense (DOD) Civilian Employees) 0510 (Retirement and Separation) states a service member must actually travel to the appropriate location to be eligible for travel and transportation allowances in this section when any of the following occur: a. Discharge, resignation, or separation under honorable conditions. b. Release of an RC member from active duty, including active duty for training, if the Service member has served 20 or more weeks at one location. c. Transfer to the Fleet Reserve or to the Fleet Marine Corps Reserve. d. Retirement. e. Temporary disability retirement. f. Discharge or separation from military duty under conditions other than honorable 6. JTR Part C (House Hold Goods (HHG) Transportation (Service Members) 051301 (Basic transportation) states a Government’s Maximum Obligation and that a Service member can move his or her HHG in as many lots as desired from one or more locations. However, the Government’s obligation, and maximum payment, is what the cost would be to transport the Service member’s maximum weight allowance between authorized locations in one lot at the Government’s “Best Value” cost. 7. 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. a. 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. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was not warranted. Based upon a lack of corroborating evidence to the applicant’s statement concerning the extraordinary circumstances which would justify granting an ETP, the Board concluded there was insufficient documentary evidence available to show that granting an ETP tor HHG shipment was appropriate. 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. X 3/11/2020 CHAIRPERSON Signed by: 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. Joint Travel Regulation (JTR) Uniformed Service Members and Department of Defense (DOD) Civilian Employees) 0510 (Retirement and Separation) states a service member must actually travel to the appropriate location to be eligible for travel and transportation allowances in this section when any of the following occur: a. Discharge, resignation, or separation under honorable conditions. b. Release of an RC member from active duty, including active duty for training, if the Service member has served 20 or more weeks at one location. c. Transfer to the Fleet Reserve or to the Fleet Marine Corps Reserve. d. Retirement. e. Temporary disability retirement. f. Discharge or separation from military duty under conditions other than honorable 6. JTR Part C (House Hold Goods (HHG) Transportation (Service Members) 051301 (Basic transportation) states a Government’s Maximum Obligation and that a Service member can move his or her HHG in as many lots as desired from one or more locations. However, the Government’s obligation, and maximum payment, is what the cost would be to transport the Service member’s maximum weight allowance between authorized locations in one lot at the Government’s “Best Value” cost. 7. 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. a. 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. NOTHING FOLLOWS