BOARD DATE: 4 February 2020 DOCKET NUMBER: AR20180002239 APPLICANT REQUESTS: retroactive entitlement to Household Goods (HHG) shipment from Outside the Continental United States (OCONUS) to the United States (CONUS). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self Authored letter * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Order# 006-101 dated 6 January 2014 * Order# 038-106 dated 7 February 2014 * DD Form 1299 (Application for Shipment and/or Storage of Personal Property) dated 13 February 2014 * Order# 098-0002 dated 8 April 2015 * Order# 098-0001, dated 8 April 2015 * Order# 113-0003, dated 21 April 2015 * Order# 132-0001, dated 12 May 2015 * Memorandum for Record (MFR) - Declaring Un-used Transportation Entitlement, dated 15 June 2015 * Slides from DA Retirement Brief * DD Form 1614 (Request/Authorization for DOD Civilian Permanent Duty or Temporary Change of Station Travel) dated 13 July 2015 * Transportation Agreement, dated 9 July 2015 * Email correspondence FACTS: 1. The applicant states that he was provided with inaccurate information with regards to his military move entitlement, specifically the extension rules and procedures. He contests that his retirement orders directed that he apply for HHG shipment within 1 year and were amended to highlight that he had 1 year to complete travel and transportation requirements associated with his HHG. Further, a request to return from OCONUS must be submitted at least 30 days prior to travel. Nowhere within his orders does it reflect that he must request an extension annually, prior to the anniversary date of his retirement. The retirement brief that he received also did not specify this requirement and he was under the impression that his situation as an overseas retiree followed by his DA Civilian employment while on transition leave was not the norm. He relied solely upon the information that he received from 2 different Travel Officers and his gaining organization which resulted in him missing both the August 2016 and 2017 extension deadlines. 2. A review of the applicant’s available service records reflects the following on: * 10 October 1984 – he enlisted in the Army Reserve * 18 May 1986 – he was commissioned * 17 January 1987 – he was ordered to active duty * 31 August 2015 – he was released from active duty (OCONUS) and transferred into the Retired Reserve 3. The applicant provides the following a: a. Self Authored letter dated 11 December 2017 – reflective of the following chronological account of events related to his transition from the Army: * August 2015 – he transitioned from the military to being employed as a DA Civilian * on several occasions, information received from the Civilian Personnel Advisory Center (CPAC) was found to be incorrect regarding entitlements, benefits and actions * his assigned organization does not and did not have a Civilian Personnel Officer assigned * he was consistently informed that he had an entitlement to ship his HHG based upon his prior military service as long as he did not use it previously * he was also informed that despite his military HHG shipment entitlement, he was also entitled shipment of his HHG on the civilian side; later determined to be inaccurate because he retired in Italy, but obtained civilian employment in Germany * he was informed on two separate occasions by the Transportation office in Italy as well as in Germany that he would retain entitlement to HHG shipment at the governments expense for 5 years, unless he asked for an extension waiver; all prior extensions would be automatic b. DD Form 214 (Certificate of Release or Discharge from Active Duty) dated 31 August 2015 – reflective of his retirement from the Army after serving over 28 years on active duty c. Order# 006-101 dated 6 January 2014 – reflective of his reassignment from Fort Campbell, KY to Vicenza, Italy; with dependents tour d. Order# 038-106 dated 7 February 2014 – reflective of his previous orders being amended to reflect a reporting date e. DD Form 1299 (Application for Shipment and/or Storage of Personal Property) dated 13 February 2014 – reflective of his request to ship 4000 pounds of HHG from Fort Campbell, KY to Italy f. Order# 098-0002 dated 8 April 2015 – reflective of his retirement from the Army effective 31 August 2015 g. Order# 098-0001, dated 8 April 2015 – reflective of his retirement effective 31 August 2015; entitlement to the shipment of HHG, unaccompanied baggage and privately owned vehicle to home selection for 1 year h. Order# 113-0003, dated 21 April 2015 – reflective of his retirement order being amended to reflect a change in his transition leave days from 9 days to 14 days i. Order# 132-0001, dated 12 May 2015 – reflective of his previous order being amended to reflect a 1 year shipment and travel entitlement, and that a request to return to the U.S. must be submitted within 30 days of the desired departure date j. Memorandum for Record (MFR) - Declaring Un-used Transportation Entitlement, dated 15 June 2015 – reflective of the Transportation Officer declaring a remaining entitlement to the shipment of HHG until 31 August 2016 k. Slides from DA Retirement Brief – reflective of information pertaining to Travel and Transportation; statement pertaining to the time limit on travel and transportation allowances is “typically one year and that exceptions may be requested prior to 1st anniversary of retirement” l. DD Form 1614 (Request/Authorization for DOD Civilian Permanent Duty or Temporary Change of Station Travel) dated 13 July 2015 – reflective of his assignment information, specifically his entitlement to ship HHG m. Transportation Agreement, dated 9 July 2015 – reflective of his transfer from Italy to Germany n. Email correspondence – reflective of the following: * 11 September 2017 - Denial of ETP Transportation Extension, request for exception to policy for reinstatement military move entitlement * 12 September 2017 - correspondence between the applicant and Tower Barracks ITO reference military move entitlement * 14 September 2017 – correspondence between the applicant and Mr. A_L_, former leadership at his gaining command (as a civilian) when he was hired 4. See all applicable regulatory guidance below under REFERENCES. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s request, his record of service and the reason for his separation. The Board considered the references to shipping transportation requirements in his orders, the Memorandum for Record and and the HQDA briefing slides that show the expiration of entitlements and authority for requesting an exception and his relocation as a DA Civilian to Germany. The Board considered the email and other correspondence regarding the denial of his requested reinstatement of transportation benefits and the correspondence between the applicant and his gaining command. The Board found insufficient evidence to support the applicant’s requested exception. Based on a preponderance of evidence, the Board determined that denial of the applicant’s requested reinstatement of 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. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180002239 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1