ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 27 July 2020 DOCKET NUMBER: AR20180008622 APPLICANT REQUESTS: reinstatement and extension of transportation of his household goods (HHG) entitlements for one year. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self-authored Letter to Logistics Readiness Center, Joint Base Lewis-McChord (JBLM), Washington, dated 15 March 2018 * Separation Orders 043-0026, dated 12 February 2014 * Medical Evaluation, Orthopedic Clinic, Madigan Army Medical Center, Tacoma, Washington, dated 28 February 2018 * Family Member High School Education Evaluation, dated 14 March 2018 * Letter, Installation Transportation Division (ITO), JBLM, WA, dated 28 March 2018 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code, section 1552(b); however, the ABCMR conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states he is requesting reinstatement and extension of his transportation of HHG entitlement for one year in accordance with the provision in the Joint Travel Regulation (JTR) 5318-F, for “Other Deserving Cases.” 3. The applicant provides: * a self-authored letter that details the reasons and circumstances for his request * his retirement/separations orders that entitled him to transportation and/or of his HHG at government expense * a medical evaluation of an injury sustained during post-retirement employment * an education evaluation of his family member that requires special education services * his denied request for extension of travel and transportation entitlements 4. The applicant’s service records shows: a. He enlisted in the Regular Army on 21 July 1994. b. On 12 February 2014, Director of Human Resources, Military Personnel Division, JBLM, WA published Orders 043-0026 ordering his reassignment to the Transition Center for separation processing and retirement, effective 31 July 2014. The orders stated: * Authorized place of retirement/separation: JBLM, WA * You are authorized up to 1 year to complete selection of a home and travel in connection with this action c. He retired on 31 July 2014 and was placed on the Retired List in the rank of staff sergeant on 1 August 2014. d. There is no evidence he submitted requests for extension after his retirement beyond this current request. 5. Through the ITO, JBLM, WA, the Army G-4 rendered a decision on 28 March 2018 in the applicant's case. The decision official stated: a. Your entitlement for travel and HHG transportation authorization expired on 31 July 2015, one year after retirement; no inquiry or extension request was submitted to any transportation office any time prior to 31 July 2015. Service members must submit requests for extension annually as extensions are granted in one year increments. Retirement orders number 043-0026 dated 12 February 2014 additional instructions (paragraph a) clearly state the following: “You are authorized up to 1 year to complete selection of a home and complete travel in conjunction with this action.” b. In accordance with JTR Chapter 5, paragraph 051003.1, “travel to a selected home must be completed within 1 year after active duty termination.” The JTR is the basic statutory regulation governing a uniformed member's travel and transportation at government expense, and has the force and effect of law issued primarily under the authority of Title 37 United States Code Section 481. It addresses circumstances which prohibit payment of certain allowances. c. Unfortunately, this office does not have JTR authority to reinstate an expired transportation shipping entitlement of HHG from 31 months ago, after the fact. d. You have the right to appeal using the next level of recourse and the highest administrative review board in the U.S. Army available by filing a DD Form 149 (Application for Correction of Military Record) to the Army Board for Correction of Military Records. 6. By regulation/directive, the Joint Travel Regulation, which basic statutory regulations concerning a Uniformed Service member's travel and transportation entitlements and interpreted to have the force and effect of law, indicates that retirement transportation and travel entitlements will be used within 1 year of retirement; however, it also provides for extensions of this entitlement in 1-year increments up to five additional years, or a total of 6 years. a. Extensions due to unforeseen medical reasons, education or training, and/or other deserving cases when an unexpected event beyond the retiree's control occurs which prevents the retiree from moving within the time limits may be granted under these extension provisions b. He retired in July 2014; his 1-year expired on 31 July 2015. He was diagnosed with a right hamstring multi-tendon tear on 28 February 2018. He did not request any extensions after his retirement. Additional extensions of 5 years (up to a maximum of 6 years) expires on 31 July 2020. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined relief was warranted. As outlined within the JTR, based upon extensive education requirements placed on the applicant and the rehabilitation required for his injury, the Board concluded there was sufficient justification to grant an extension of the applicant’s transportation benefits. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :XX :XXX :XXX 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 Army records of the individual concerned be corrected by showing the applicant annually applied and was approved to extend his travel and transportation authorization from 2015 to 2018. CHAIRPERSON 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. Title 10, United States Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the 3 year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. 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. 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. a. In effect, these paragraphs authorize a member travel and transportation allowances to a PDS selected by the member from his 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//