ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 6 February 2020 DOCKET NUMBER: AR20180002241 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) * self-authored letter to Congressman * emails with transportation office * Retirement Extension for Travel and Shipping Entitlement * approved extension * emails regarding exception to policy * death certificate * funeral brochure * emails regarding second request for extension * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Department of Veterans Affairs (VA) summary of benefits FACTS: 1. The applicant states he is requesting reinstatement of his final retirement move to a home of his choice. He failed to request a second extension due to family hardships including his father's death, stability moves for his mother, and personal disability care through the VA and hospital in San Diego. He received a courtesy reminder from Fort Irwin for his first extension. He thought there would be another courtesy reminder prior to his second extension. He was unaware his guidance counselor had left her position. She had promised continued contact with the applicant until he completed his move. The storage unit kept in contact with him through the time and he was paying his storage fees consistently. 2. The applicant's service record contain Orders 036-0026, published by Headquarters, National Training Center and Fort Irwin, dated 5 February 2015, which shows he was authorized shipment of his HHGs to a home of his selection. He must apply for shipment within one year from his separation or his shipping entitlement would be lost. He was authorized movement of his dependents at government expense. 3. The applicant provided the following documents for the Board's consideration: a. A self-authored letter to his Congressman, which reiterates the statements he made in his application to the Board. b. An email from his transportation counselor, dated 9 March 2016 inquiring whether or not he wanted to keep his property in storage and letting him know he would have to pay for the storage beginning on 30 April 2016. c. An undated, self-authored request for extension for his travel and HHG shipping entitlements. He stated he understood the storage fees would begin on 1 May 2016. d. A letter from Army Field Support Brigade, Logistics Readiness Center, dated 16 March 2016 approving his request for extension through 30 April 2017. e. Emails from his transportation counselor, dated 15 November 2017 requesting his dad's death certificate and funeral brochure in support of his request for exception to policy to extend his HHG shipping entitlements. f. His father's death certificate and funeral brochure showing his father died on 9 June 2016. g. An email from his transportation counselor, dated 12 January 2018, stating his request for an exception to policy for an extension of his HHG Shipment and dependent travel entitlements was denied. His entitlements expired on 30 April 2017. h. An email from his storage facility, dated 24 January 2018, which states his HHGs were put into storage on 8 April 2015. The lot was converted to at owner's expense on 1 May 2016. His payments were on time. Transportation counselors at Fort Irwin would send courtesy letters reminding Soldiers of upcoming extension until it became a remote office. San Diego became the area of responsibility for Fort Irwin and did not send courtesy letters. The Soldiers are the ones who suffer and the owner of the storage facility said it wasn't asking too much to provide a simple reminder to the Soldiers when their entitlements were going to expire. i. His DD Form 214, which shows he retired on 30 April 2015. j. A letter from VA, dated 18 January 2018 showing the applicant had a combined service connected disability rating of 100 percent. 4. See applicable 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, the date of his retirement and instructions on his orders, his initial extension and the subsequent courtesy reminders sent to him, the date of his Father’s passing and the date his last approved extension expired. The Board found no further requests from the applicant to extend his HHGs entitlement. Based on a preponderance of evidence, the Board determined that denial of an extension of HHGs 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 : : : 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: 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) AR20180002241 3