ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 4 February 2020 DOCKET NUMBER: AR20180002709 APPLICANT REQUESTS: entitlement to final household goods (HHG) move an transportation entitlements. APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Shipping Entitlement Request Form * Retirement Orders * Retirement Extension for Travel and Shipping Entitlement * memo from Logistics Readiness Center * Denial of Exception to Policy (ETP) * G-4 denial FACTS: 1. The applicant states: a. He is requesting an extension of HHG shipment and transportation entitlements since he retired from active duty. He was told he had up to 5 years to make his final move to his post-retirement location. He was told he had to come into the office once a year to notify them he had not moved. b. His post-retirement job included a lot of traveling and long hours, which made it difficult to go to the office once a year. He was not told during his out processing he could just send an email, call, or send a letter. c. The applicant told transportation he was going to stay in the area for 3 years until his children finished high school. He was told they understood. When he went into the transportation office, the staff kept giving him the run-around. He had to ask to speak to the supervisor who was reluctant to assist him. He had to follow-up several times to get responses. d. Once he was told his request was denied, he asked them to send him copies of his packet and the contact information to the next person or organization in the chain of command. He had to personally go to the transportation office and demand copies of all of his documents. He also asked for a copy of the email message indicating his request was denied. They refused to give him a copy and told him they put the pertinent information in a word document. He deserves more than this. e. Servicemembers should not have earned entitlements taken away because they did not remind someone every year they are not ready to use their benefit. He did not move his family post-retirement because he wanted to stabilize his children. During his 25 year career, he moved every 2 to 3 years. He sacrificed this time for his children post-retirement. f. It is really unfair to take away benefits that have already been earned. During this time period, the applicant did not receive any transportation or travel; therefore, it has not cost the government any funds. If he has to pay to move his family, it will cause hardship on his family as he is paying for college tuition and expenses for two children. g. Not approving this request is similar to penalizing Servicemembers years ago for not utilizing the GI Bill benefits that they paid for but did not use within the 10 year period. If his extension is not approved, he will be filing a complaint with his Congressional Representative. His 25 years on active duty is well deserving of his entitlements and benefits earned. 2. The applicant's service record is void of documentation referencing transportation or requests for extension to use his benefit. 3. The applicant provided the following documents for the Board's consideration: a. A shipping Entitlement Extension Request Form, dated 3 October 2017 which states the applicant retired in August 2015. During his out processing, he was informed he had up to 5 years to conduct his final move with transportation. He was told he had to go into the transportation office once a year to notify them he had not moved. His job required a lot of traveling and it was difficult for him to go into the transportation office. He was not aware he could send an email to request an extension. b. Orders 283-0263, published by US Army Installation Management Command, dated 10 October 2014, which show he was retiring from the Army effective 31 July 2015. There is no information on the orders regarding transportation other than he had to attend a transportation briefing. c. A memorandum from the Logistics Readiness Center to the Deputy Chief of Staff G-4, dated 11 October 2017, which states: * the applicant was requesting an ETP to reinstate and extend his transportation and travel entitlement * the applicant did not have property in non-temp storage * the applicant did not have any previous extensions on file d. A memorandum to the applicant from Logistics Readiness Command, dated 16 November 2017, which states: * his request for extension was denied * his entitlement expired on 31 July 2016 * his orders state he is entitled up to 1 year to complete selection of a home and complete travel in connection with the orders * the office did not have the authority to reinstate the expired transportation shipping entitlement e. The email from G-4 which was summarized in the memorandum to the applicant. 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, his retirement orders and the information on them related to travel, and the date of his retirement. The Board considered the date of his extension request form, the denial of his request as untimely and the correspondence from the Logistics Readiness Center (HQDA G-4), from the Logistics Readiness Command and the email from HQDA G4. The Board considered the policy in the Joint Travel Regulation related to transportation entitlements. Based on a preponderance of evidence, the Board determined that the denial of reinstatement of the applicant’s transportation benefits was not in error or unjust. 2. After reviewing the application and all supporting documents, the Board found the 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. X 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.