BOARD DATE: 4 February 2020 DOCKET NUMBER: AR20180001871 APPLICANT REQUESTS: reinstatement of his Authorization of Travel from the Government. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Orders 331-0100 (Retirement Orders), dated 27 November 2015 * DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 29 January 2016 * Memo from the 407th Army Field Support Brigade Installation Transportation Officer, Subject: Request for Exception to Policy for Travel-Transportation Entitlement, dated 26 October 2017 FACTS: 1. The applicant states it was an oversight on his part that the renewal was not submitted in time. He originally planned to retire in the current area. His wife works for the government as a DOD employee and was promoted to a position with the government at another duty station in another state. The new job will not pay for PCS expenses, so he would like to reinstate the authorization of travel to help ease the financial burden of the cost for the move. 2. A review of the applicant’s records shows on: * 31 November 1996, he enlisted in the Regular Army * 29 January 2016, he received a Temporary Disability retirement * 27 February 2018, he was removed from the Temporary Disability Retired List and placed on the Permanent Physical Disability List 3. The applicant provides the following for the Board to consider: a. copy of his Retirement Orders that shows his effective retirement date was 29 January 2016 and it states how the applicant is authorized up to one year to complete selection of a home and complete travel in connection with this action. Shipment of Household goods and travel allowances were authorized to a home of selection within the United States (including Hawaii and Alaska)." b. his DD Form 214, dated 29 January 2016, showing how he received a disability retirement c. memorandum from the 407th Army Field Support Brigade Installation Transportation Officer denying his request for travel entitlements because HQDA G-4 does not have Joint Travel Regulation (JTR) authority to reinstate an expired transportation shipping entitlement of household goods from 9 months ago, after the fact. Travel must be completed within year after active duty termination and extensions are submitted each year to a Transportation Office via visit, letter or email. 4. 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 Temporary Disability retirement and permanent disability retirement, and his transportation shipping entitlement. The Board considered the memorandum from the transportation officer and the authorities as documented in the Joint Travel Regulation. The Board considered the applicant’s reason for not requesting extensions of his entitlement and found the reason insufficient support an exception. Based on a preponderance of evidence, the Board determined that the denial to reinstate the applicant’s transportation entitlements 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: 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) AR20180001871 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1