ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 11 July 2019 DOCKET NUMBER: AR20180015211 APPLICANT REQUESTS: reinstatement/extension for his household goods (HHG) shipping entitlements. APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Deployment Orders * Retirement Orders FACTS: 1. The applicant states: * he submitted a request to Headquarters, Department of the Army for reinstatement/extension of his shipping entitlements and it was disapproved * when he attended the Transition Assistance Program course prior to his retirement, he was told as a retiree he had up to 5 years after retirement to make a final transportation/HHG move * he retired in December 2015 and deployed to Afghanistan for 15 months * in January 2018 he requested for reinstatement/extension of his shipping entitlements and was disapproved * he was not told or aware that the extensions were granted in one year increments * he has not moved any HHG on his retirement orders and he does not have HHGs in storage at the government expense * if he was aware the extension had to be done in one year increments, he could have easily made the request * he is currently working at US Army Central * he is anticipating moving to Tampa, Florida from Sumter, South Carolina by the middle of 2019 * he requests the Board to please reinstate the extension of his shipping entitlements, he would greatly appreciate it 2. The applicant provides: * a copy of his retirement orders, which state shipment of HHG is authorized and travel to a home of selection is authorized and must be completed within one year from date of separation; the orders do not make any reference to requesting exceptions to shipping HHG * deployment orders showing he was deployed as contractor under DynCorp Intl LLC from 12 March 2016 through 15 December 2017 3. The applicant’s service record shows he was in the Regular Army and retired effective 30 November 2015. 4. Travel and transportation allowances are governed by the Joint Travel Regulations (JTR). The JTR has the force and effect of law issued primarily under the authority to Title 37 U.S. Code, section 481. Paragraph 5320G, states: a. Authority for House Hold Good (HHG) transportation terminates on the 181st day following separation from the Service/relief from active duty, unless a written application for HHG transportation is turned in to a Transportation Officer (TO)/designated representative before the expiration of the 180th day. b. When a HHG transportation application is made within 180 days, HHG must be turned over for transportation as soon as practicable after the submission. c. The TO/designated representative determines “practicability” based on the facts and circumstances in each case. d. In hardship cases, a time limit extension may be authorized/approved for a specific additional period of time through the Secretarial Process. 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 regarding his understanding of the requirements for HHGs, his retirement date, civilian deployment orders and his disapproved request for shipment of household goods. The Board found that he deployed within 6 months of retirement and did not file for an extension of his HHG shipment authorization. The Board determined that while there was no error, it is an injustice that he did not receive authorization to ship his HHGs following deployment and that a correction is required. 2. After reviewing the application and all supporting documents, the Board found that relief was warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X 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 that he submitted the required annual requests for extension of his authorization for House Hold Good transportation and those requests were accepted and approved by the appropriate authority up to the five year limit after his retirement date. 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. Travel and transportation allowances are governed by the Joint Travel Regulations (JTR). The JTR has the force and effect of law issued primarily under the authority to Title 37 U.S. Code, section 481. Paragraph 5320G, states: a. Authority for House Hold Good (HHG) transportation terminates on the 181st day following separation from the Service/relief from active duty, unless a written application for HHG transportation is turned in to a Transportation Officer (TO)/designated representative before the expiration of the 180th day. b. When a HHG transportation application is made within 180 days, HHG must be turned over for transportation as soon as practicable after the submission. c. The TO/designated representative determines “practicability” based on the facts and circumstances in each case. d. In hardship cases, a time limit extension may be authorized/approved for a specific additional period of time through the Secretarial Process. e. A time limit extension for transportation does not extend the Gov’t’s obligation for storage costs for longer than the period authorized/approved. f. HHG in Non-Temporary Storage (NTS) belonging to a member for whom the 180-day time limit for transportation has been extended may continue in NTS with the Gov’t acting as the member's agent for the extension period, provided: * continued storage is authorized/approved through the Secretarial Process * the member agrees to pay all costs for NTS for any period in excess of the authorized storage period ABCMR Record of Proceedings (cont) AR20180015211 3