ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 20 December 2019 DOCKET NUMBER: AR20180009235 APPLICANT REQUESTS: * payment for transportation of household goods (HHG) to home of record * personal and dependent travel APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * approval of extension * discharge orders * DD Form 214 (Certificate of Release or Discharge from Active Duty) FACTS: 1. The applicant states: * he requests his extension of entitlement for personal travel and shipment of HHG be authorized through 31 January 2019 * he believes this is his right as a veteran that should not be denied for the transportation office’s failure to follow procedure by the * he did not forget to request his last extension * he was told his extension was good until 2019 * he believes the proper procedure was not followed by the transportation office * his first extension request was made through email * his second extension request was made by phone * his third request which have dates scratched out with an ink pen was made by email * his last request was confirmed by phone * he had to give his full name and social security number for the last request * he is completely unaware of this situation * his two sons and he are ready to move to Texas in the summer [2019] so his older son could start college under the Hazelwood Act 2. There is no evidence in the applicant's personnel file that he applied for or was granted an extension for personal and HHG shipments. 3. The applicant provides: * a letter from the US Army Sustainment Command, Fort Rucker, Alabama, dated 17 January 2017 which states: > extension of entitlement for personal and dependent travel and shipment of HHG are authorized > they were authorized through 31 January 2018 but the "8" is scratched out out with ink and a "7" was placed over the "8" > it states this is the member's third request and the "third" is scratched out and "second" is placed above it * a letter to the applicant from US Army Sustainment Command, Fort Rucker, Alabama dated 26 January 2015, which states: > extension of entitlement for personal and dependent travel and shipment of HHG are authorized > they were authorized through 31 January 2016 > it states this is the member's first request * Orders 063-0505 published by US Army Installation Management Command, Fort Rucker, Alabama, dated 4 March 2013, which state: > he was transferred to the retired list effective 31 January 2014 > he was authorized up to 1 year to complete selection of home and complete travel in connection with the orders > shipment of HHG was authorized * his DD Form 214 which shows he was honorably retired effective 31 January 2014 4. See applicable references below. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found the requested relief is warranted. 2. The Board noted that, had the applicant submitted timely requests on an annual basis, his entitlement to personal and dependent travel and shipment of HHG could be extended through 31 January 2020, 6 years after his retirement date. Based on a preponderance of the evidence, the Board determined the applicant's record should be corrected to show he submitted timely extension requests that were approved and extended his eligibility through 31 January 2020. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :XX :XX :XX 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 by showing he submitted timely requests for extension of his entitlement to personal and dependent travel and shipment of household goods and that those extensions were approved through 31 January 2020. If the applicant has already moved his household goods to his selected home, he should be reimbursed for that move in accordance with the governing policies and procedures. 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) AR20180009235 3