ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 6 February 2020 DOCKET NUMBER: AR20180006181 APPLICANT REQUESTS: entitlement to final household goods (HHG) move and transportation entitlements. APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Request for Transportation Extension for Medical Reasons FACTS: 1. The applicant states he did not initially apply for an extension since his family had planned on relocating to the east coast. His wife became ill and it made it impossible to travel. He provided a letter from his wife's doctor for the Board's consideration. The doctor recommended she not travel so she could get medical treatment. His wife has gotten the surgery and they have been cleared to relocate to the east coast, which they planned on doing in late June/early July 2018. 2. The applicant's service record contains Orders 357-0021 published by Directorate of Human Resources, Military Personnel Division, dated 23 December 2015, which separate the applicant from the Army effective 31 August 2016. The orders state movement of dependents and shipment of HHG to a home of selection was authorized. 3. The applicant's service record is void of documentation referencing transportation or requests for extension to use his benefit. 4. The applicant provided a memorandum from the Chief, Urologic Oncology of Medigan Army Medical Center, dated 8 March 2018, stating the applicant's wife was not able to move due to impending procedures and medical care. She also was not able to move due to her health condition. It was his recommendation for the applicant's wife to remain in Washington to complete her plan of care. She would be able to move the summer of 2018. 5. 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 separation from active duty, his spouse’s medical condition and travel restrictions. The Board found mitigation for the applicant no using his travel and transportation benefits within one year of separation and that an exception was justified. Based on a preponderance of evidence, the Board determine that a correction to the applicant’s record was appropriate. 2. After reviewing the application and all supporting documents, the Board found that relief was warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected to show: - The applicant timely submitted annual requests for extension of transportation benefits beginning within one year of his separation from active duty; - That his requests were accepted and processed by appropriate officials, and; - That he is entitled to use his entitlement up to 6 years after his separation. 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) AR20180006181 3