ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 20 July 2020 DOCKET NUMBER: AR20170016220 APPLICANT REQUESTS: entitlement to final household goods (HHG) move. APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Retirement Orders 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 she is requesting entitlement to her final HHG move. There is no injustice; she was dealing with personal medical issues that prevented her from submitting her extension paperwork on time. 3. The applicant's service record contains her DD Form 214 (Certificate of Release or Discharge from Active Duty), which shows: * she was honorably retired from active duty on 30 September 2014 * her last duty station was Fort Myer, Virginia * her place of entry on active duty was Fort Lee, Virginia * her home of record was Damascus, Georgia 4. The applicant's records are void of information regarding a request for an extension to ship her HHG. 5. The applicant provides Orders 190-0018, published by Joint Base Myer - Henderson Hall, dated 9 July 2014, which show: * she is ordered to travel for purposes of retirement * movement of her dependents, accompanied and unaccompanied baggage to a home of selection, home of record, or place entered active duty at government expense was authorized * storage of HHGs at point of debarkation is authorized up to 1 year * she pre-selected a location for retirement which is the place she intended to reside immediately after military service for the purpose of transportation and travel allowances * no additional fully funded move to another home of selection after retirement would be authorized * her authorized place of retirement was Fort Belvoir, Virginia * her requested place of retirement was Fort Belvoir, Virginia 6. See applicable references below. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found the requested relief is not warranted. 2. The Board noted that the applicant's retirement orders clearly state that she had pre- selected a location for retirement and that no additional fully funded move to another home of selection after retirement would be authorized. The Board found insufficient evidence of mitigating circumstances that would provide a basis for a recommendation for relief in this case. By a preponderance of the evidence, the Board determined there is no error or injustice in the record as it is currently constituted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : 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. REFERENCE: 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. ABCMR Record of Proceedings (cont) AR20170016220 3