ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF:    BOARD DATE:  6 March 2020 DOCKET NUMBER:  AR20180010672 


APPLICANT REQUESTS: reinstatement of her Household Goods (HHG) shipment entitlement.  

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

.DD Form 149 (Application for Correction of Military Record)

.Request for Exception of Policy (ETP)

.Medical Records



FACTS: 

1.The applicant states she was deployed in 2012 to 2013 where she suffered ahorrible back injury, as a result, she was unable to clear post.  She did not attend anybriefings; therefore, she was unaware of required timelines or extensions for travelentitlements.  She states she basically nursed herself back to health and just wants tomove home now.  She feels she has the strength to move now, but needs the Army’sassistance to do so.

2.A review of the applicant’s records show:

a.On 16 February 2007, she enlisted in the Army Reserves for 8 years.



b.On 4 September 2008, she reenlisted in the Regular Army for 5 years.



c.On 19 October 2012, she was placed on orders in support of Operation Enduring


Freedom (OEF). 

d.On 24 February 2015, she voluntarily extended for 6 years and 7 months.



e.On 27 May 2015, she received Orders #147-0139 showing:



(1)She was released from assignment and duty because of
physical disability incurred while entitled to basic pay and under conditions that permit her retirement for permanent physical disability.  Her effective date of retirement is     10 August 2015.  

(2)Additional instruction shows she is authorized up to one year to complete
selection of home and travel.  Shipment of household goods and travel allowances are authorized to a home of selection within the United States (including Hawaii and Alaska).  

3.The applicant provides the following documents in support of her request:

a.Request for Exception of Policy (ETP) dated 17 July 2018 from the Department


of the Army, Fort Hood Texas Installation Transportation Officer.  It shows the following: 

(1)The applicant’s request for ETP for reinstatement of her transportation and
travel entitlements was disapproved by Department of the Army G-4 (HQDA G-4). Unfortunately, as much as HQDA would like to assist, HQDA does not have JTR authority to reinstate an expired transportation shipping entitlement of household goods from 22 months ago, after the fact. 

(2)Orders #147-0139 dated 27 May 2015 additional instructions (paragraph a)
clearly state the following: "You are authorized up to one year to complete selection of a home and travel in connection with this action. Shipment of household goods and travel allowances are authorized to a home of selection within the United States (including Hawaii and Alaska)." 

b.Medical Records contain the following documents:



(1)DA Form 3947 (Medical Evaluation Board Proceedings) which shows all her
medical conditions and whether or not they meet medical retention standards, and that she was referred to the Physical Evaluation Board. 

(2)Compensation and Pension (General Medical – Separation Health
Assessment Disability Benefits Questionnaire) listing several medical issues the applicant suffered from.  

4.See REFERENCES below.


BOARD DISCUSSION: 



1.The Board carefully considered the applicant’s request, supporting documents andevidence in the records.  The Board considered the applicant’s statement, her record ofservice, the circumstances leading to her retirement for permanent disability and thedenial of her request for an ETP by the HQDA G4.  The Board found there weremitigating circumstances at the time of her retirement and found that thosecircumstances warranted an exception.  Based on a preponderance of evidence, theBoard determined that the applicant’s record should be corrected to show an extensionof her transportation and travel entitlements.2.After reviewing the application and all supporting documents, the Board found thatrelief 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 by: 

-showing the applicant timely submitted requests to extend entitlements, and;
-reinstating the applicant’s travel and transportation requirements resultant fromher retirement for permanent disability and approval of her requests.



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. 


REFERENCES: 

1.Volume 1 (Uniformed Service Personnel) of the Joint Travel Regulation (JTR)contains basic statutory regulations concerning official travel and transportation ofmembers of the uniformed services.

a.Paragraphs U5130, U5230, and U5365-F contain the policy and procedurespertaining 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 deservingcases 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.   

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